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 applicant’s 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 veteran’s 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 applicant’s 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 applicant’s 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 applicant’s 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 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 applicant’s 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.