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AF | BCMR | CY2014 | BC 2014 03484
Original file (BC 2014 03484.txt) Auto-classification: Denied
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 applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

The applicant’s 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 member’s 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 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.

There was no official documentation in the applicant’s 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 applicant’s 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 applicant’s 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 applicant’s 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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