RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02081
COUNSEL: Kimberly ONeal
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
The deceased be awarded the Purple Heart (PH) medal.
APPLICANT CONTENDS THAT:
The deceased should have been awarded the PH for injuries
sustained during combat. Copies of the deceaseds written
log/diary kept during the war and his DD Form 214 are provided
as evidence.
The Board should find it in the interest of justice to grant the
untimely request because the deceased was unaware he could have
the error corrected.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 8 Feb 44, the applicant entered the Regular Air Force.
On 12 Sep 55, the applicant was discharged after a total of 13
years and 17 days of active service.
AIR FORCE EVALUATION:
AFPC/DPSID recommends disapproval for award of the PH. There
was no official documentation in the applicants record to
verify he was recommended for or awarded the PH. There is no
evidence the applicant suffered an injury through enemy contact.
A detailed personal account of how the injury occurred, medical
documentation substantiating an injury which required medical
treatment at the time the injury occurred, and eyewitness
statements from individuals who saw the applicant receive the
injury were not provided.
The PH is awarded to any member of the United States Armed
Forces who, while serving under competent authority in any
capacity with one of the United States Armed Forces, after 5
April 17, has been wounded, killed, or who has died or may
hereafter die of wounds received under any of the following
circumstances: In action against an enemy of the United States;
in action with an opposing armed force of a foreign country in
which the United States Armed Forces are or have been engaged;
while serving with friendly foreign forces engaged in an armed
conflict against an opposing armed force in which the United
States is not a belligerent party; as a result of an act of any
such enemy or opposing armed forces; as the result of an act of
any hostile foreign force. A wound for which the award is made
must have required treatment, not merely examination, by a
medical officer. Additionally, treatment of the wound shall be
documented in the service members medical and/or health record.
Award of the Purple Heart may be made for wounds treated by a
medical professional other than a medical officer provided a
medical officer includes a statement in the Service members
medical record that the extent of the wounds were such that they
would have required treatment by a medical officer if one had
been available to treat them.
The PH Review Board has the authority (on behalf of the
Secretary of the Air Force (SecAF)), to determine a veterans
award of the Purple Heart. Each request is considered based on
the policies and criteria in use at the time the veteran was
injured, and the determination is dependent on the documentary
evidence presented. The applicants request was not submitted
to the PH Review Board as it lacks the detailed statement,
medical documentation substantiating medical treatment was
received and eyewitness statements.
The complete DPSID evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 10 Oct 14 for review and comment within 30 days
(Exhibit D). As of this date, no response has been received by
this office.
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. We took
notice of the applicants complete submission including
attachments, in judging the merits of the case; however, we
agree with the opinion and recommendation of the Air Force
office of primary responsibility (OPR) and adopt its rationale
as the basis for our conclusion the applicant has not been the
victim of an error of injustice. While we are not unmindful or
unappreciative of the applicants service to our Nation, in the
absence of evidence to the contrary, we find no basis to
recommend granting the relief sought in this application.
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and the
application will only be reconsidered upon the submission of
newly discovered relevant evidence not considered with this
application.
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2014-02081 was considered:
Exhibit A. DD Form 149, dated 2 Jul 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSID, dated 22 Sep 14.
Exhibit D. Letter, SAF/MRBR, dated 20 Oct 14.
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