RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03239
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) Medal.
APPLICANT CONTENDS THAT:
He was injured when bombs started exploding on 16 May 73, while he
was stationed at Da Nang Air Base, Vietnam. He received medical
care and was told he would receive the PH Medal, before he
returned to duty. He later was told he did not receive the PH
Medal because his injuries were the result of friendly fire.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 17 Jul 64, the applicant entered the Regular Air Force.
The applicant was retired effective 1 Aug 86, which included
5 years, 9 months and 17 days of foreign 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 for award of the PH Medal. The
Purple Heart is awarded to members of the United States Armed
Forces who have been wounded, killed, or who have died or may
hereafter die of wounds received in action against an enemy of the
United States or opposing force as a result of an act of any such
enemy or opposing armed force, an international terrorist attack
or during military operations while serving as a part of a
peacekeeping 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 member's 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 member's 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.
Further, the PH Review Board has the authority (on behalf of the
Secretary of the Air Force (SecAF)), to determine a veterans
award of the PH Medal. 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 boarded by the PH
Review Board as it lacks the medical documentation substantiating
medical treatment was received, a detailed personal account of how
the injury occurred, and eyewitness statements.
After a review of the applicants official military personnel
record, there is no evidence to verify he was recommended for or
awarded the PH Medal. Also, there is no evidence the applicant
suffered an injury through enemy contact, nor was any medical
documentation substantiating an injury which required medical
treatment at the time the injury occurred, or an eyewitness
statement from individuals who saw the applicant receive the
injury, provided by the applicant.
Additionally, based on the documentation contained in the
applicants record, his service renders him eligible for the
Korean Defense Service Medal (KDSM) and Republic of Vietnam
Gallantry Cross with Palm (RVNGC w/P). Upon final board decision,
the applicant's official military personnel record will be
administratively corrected to reflect the KDSM and the RVNGC w/P.
The complete AFPC/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 18 Dec 14 for review and comment within 30 days (Exhibit D).
As of this date, no response has been received by this office.
FINDINGS AND CONCLUSIONS OF THE BOARD:
After careful consideration of applicants request and the
available evidence of record, we find the application untimely.
Applicant did not file within three years after the alleged error
or injustice was discovered as required by Title 10, United States
Code, Section 1552 and Air Force Instruction 36-2603. Applicant
has not shown a plausible reason for the delay in filing, and we
are not persuaded that the record raises issues of error or
injustice which require resolution on the merits. Thus, we cannot
conclude it would be in the interest of justice to excuse the
applicants failure to file in a timely manner.
The applicants case is adequately documented and it has not been
shown that a personal appearance with or without counsel will
materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably considered.
THE BOARD DETERMINES THAT:
The application was not timely filed and it would not be in the
interest of justice to waive the untimeliness. It is the decision
of the Board, therefore, to reject the application as untimely.
The following members of the Board considered AFBCMR Docket Number
BC-2014-03239 in Executive Session on 22 Apr 15 under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 Aug 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSID, dated 24 Nov 14.
Exhibit D. Letter, SAF/MRBR, dated 18 Dec 14.
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