RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03097 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he was awarded the Purple Heart (PH). ________________________________________________________________ APPLICANT CONTENDS THAT: He was injured in the terrorist bomb blast in Saudi Arabia in 1996. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records indicate he enlisted in the Regular Air Force on 1 Mar 95. On 30 Aug 96, the applicant was awarded the Air Force Achievement Medal (AFAM) for his stellar performance during Operation SOUTHERN WATCH and in the aftermath of the 25 Jun 96 terrorist bombing of Khobar Towers while deployed to Saudi Arabia. On 28 Apr 98, the applicant was honorably discharged and was credited with 3 years, 1 month, and 27 days of total active service. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility, which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends denial indicating there is no evidence of an error or an injustice. The PH 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 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. The Purple Heart Review Board (PHRB) has the authority (on behalf of the Secretary of the Air Force), to determine a veteran’s award of the PH. After a thorough review of the applicant’s official military personnel record, the applicant’s record did not meet the criteria for the PHRB, as a detailed personal account and eyewitness statements were not provided. Although the applicant provided medical documentation, it was provided eight months after the injury occurred. As a result, his case was not presented to the PHRB because of lack of evidence. Additionally, the applicant’s AFAM is at odds with his claim of a severe injury. His injury did not require medical treatment and appears was not reported to his chain of command. 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 27 Jan 14 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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 applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, 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 members of the Board considered AFBCMR Docket Number BC-2013-03097 in Executive Session on 17 Apr 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 20 Jun 13, w/atchs. Exhibit B. Applicant's Master Personnel Records Exhibit C. Letter, AFPC/DPSID, dated 6 Jan 14. Exhibit D. Letter, SAF/MRBR, dated 27 Jan 14. Panel Chair