RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02704
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH).
APPLICANT CONTENDS THAT:
On or about 29 Jan 67, his base was under attack. While running
to the designated bunker, he and his crew felt either a grenade
or satchel bomb go off behind them. As a result of the
explosion, he fell to the tarmac and received lacerations to his
arms, face and head. One of his crew got him to the bunker. He
went to the clinic the next day where he was told he also had a
concussion based on his injuries.
Applicant states he was advised by other veterans to apply for
the PH due to the wounds he received in combat.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 10 Jun 63, the applicant entered the Regular Air Force.
On 31 May 89, the applicant received an honorable discharge, and
was credited with 25 years, 10 months and 21 days of active
service.
The remaining relevant facts pertaining to this application are
contained in the memorandum prepared by the Air Force office of
primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPSID recommends disapproval of the award of the PH. DPSID
was unable to locate a signed certificate, Special Order or any
other official documentation, nor was any provided, verifying
the applicant was recommended for or awarded the PH.
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 and boarded by the PH Review Board as it lacks medical
documentation substantiating medical treatment was received and
any eyewitness statement attesting to the circumstances
surrounding the applicants personal account.
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 24 Nov 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 not 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 error or injustice. In this
respect, we note this Board is the highest administrative level
of appeal within the Air Force. As such, an applicant must
first exhaust all available avenues of administrative relief
provided by existing law or regulations prior to seeking relief
before this Board, as required by the governing Air Force
Instruction. The Air Force office of primary responsibility has
indicated there is an available avenue of administrative relief
the applicant has not first pursued. In view of this, we find
this application is not ripe for adjudication at this level, as
there exists a subordinate level of appeal through the Purple
Heart Review Board that has not first been depleted. Therefore,
in view of the above, we find no compelling 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-2014-02704 was considered:
Exhibit A. DD Form 149, dated 28 Jun 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSID, dated 3 Nov 14.
Exhibit D. Letter, SAF/MRBR, dated 24 Nov 14.
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