RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03484
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His military records be corrected to reflect award of the Purple
Heart (PH) Medal.
APPLICANT CONTENDS THAT:
He was injured by enemy action, aerial bomb, on the night of
25 Nov 44; this was never recorded.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicants military records contain very limited
documentation. According to the available documentation, the
applicant entered active service with the Army Air Corps on
6 Mar 43.
On 28 Dec 45, the applicant was furnished an honorable
discharge.
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 Purple Heart
(PH) Medal. The PH Medal is awarded to any member 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 members medical
and/or health record. Award of the PH Medal 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.
There was no official documentation in the applicants record to
verify he was recommended for or awarded the PH Medal. 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 applicants request
was not submitted to the PH Review Board as it lacks the medical
documentation substantiating medical treatment was received, and
eyewitness statements. To grant relief would be contrary to the
criteria established by DoDM 1348.33, Secretary of the Air
Force, Chief of Staff, and/or the War Department.
A complete copy of the 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 23 Feb 15 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 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-2014-03484 in Executive Session on 21 May 15, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 May 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 23 Feb 15.
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