RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-00338 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to reflect the award of the Purple Heart (PH). APPLICANT CONTENDS THAT: While serving in Vietnam he was injured and hospitalized at Cam Ranh Bay, Naval Hospital for five days. In support of his request, the applicant provided a copy of his DD Form 214. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 13 Jul 66. On 14 Apr 70, the applicant was furnished an Honorable discharge, and was credited with three years, nine months, and two days of active service. The applicant’s DD Form 214 reflects 11 months and 28 days of Foreign Service and the following Air Force Medals and/or Ribbons: - National Defense Service Medal - Vietnam Service Medal - Republic of Vietnam Campaign Medal - Air Force Good Conduct Medal 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 denial indicating there is no evidence of an error or an injustice. They also point out the request is not timely and there is no official documentation in the applicant’s record to verify he was recommended for or awarded the PH. Furthermore, since the applicant did not provide a statement of events or a date of injury, they were unable to determine if there was any medical documentation or medical treatment received. Finally, there are no eyewitness statements attesting to the circumstances surrounding his injuries. 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 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. The PH Review Board has the authority (on behalf of the Secretary of the Air Force), to determine a veteran’s award of the PH. 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. After a thorough review of the applicant’s official military personnel record, they were unable to verify award of the PH. They could not locate a signed certificate, special order or any other official documentation, nor was any provided. The applicant’s request was not submitted to the PH Review Board as it lacked the required criteria and is considered an incomplete package. They did determine that the below Air Force Medals and/or Ribbons should have been awarded: - Vietnam Service Medal with three Bronze Service Stars - Republic of Vietnam Gallantry Cross with Palm Upon final Board decision, administrative correction of the applicant’s official military personnel record will be completed by AFPC/DPSOR. A complete copy of the AFPC/DPSID evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant in response to the Air Force Advisory’s letter provided a letter in which he states his injuries, airlift, and subsequent hospitalization was a result of a missile attack. He is unable to secure any first-hand statements regarding the attack as all of his supervisors have since past away. 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 that relief beyond that already granted administratively is not warranted. 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-2015-00338 in Executive Session on 15 Sep 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining AFBCMR Docket Number BC-2015-00338 was considered: Exhibit A. DD Form 149, undated, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSID, dated 1 Jul 15. Exhibit D. Letter, SAF/MRBR, dated 15 Jul 15. Exhibit E. Letter, Applicant, dated 26 Jul 15.