RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS. IN THE MATTER OF: DOCKET NUMBER: BC-2015-00537 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: 1. Her spouse’s WD AGO Form 53-55, Enlisted Record and Report of Separation - Honorable Discharge, be corrected to reflect the following medals: a. The Purple Heart b. The Bronze Star Medal c. Any other medals he may be entitled to 2. Her spouse’s medical records be corrected to reflect that he incurred a broken back in two places as a result of a plane crash. 3. Her spouse’s disability payments be corrected to reflect the married rate, rather than the single rate. APPLICANT CONTENDS THAT: Her spouse’s plane crashed in the South Pacific during World War II while in action with the enemy. He was seriously injured and hospitalized for over a year. His family and home town were told that he would receive the Purple Heart. Seven years after his death, a congressman presented her with the Purple Heart. However, she discovered the medal was not legitimate or recorded anywhere. She would like her congressman to present her with the Purple Heart and all the accoutrements. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: According to the former member’s WD AGO Form 22, Enlistment Record -Army of the United States, on 31 December 1941, he entered the Army of the United States. According to WD AGO Form 40, Certificate of Disability for Discharge, on 1 June 1945, the former member was found unfit for military service because of injuries [severe post-traumatic encephalopathy, manifested by headaches, mental confusion, apprehension and anxiety] he incurred as a result of a plane crash on 9 September 1944. According to the former member’s WD AGO Form 53-55, on 5 June 1945, he received a disability discharge. According to the former member’s Veterans Administration Adjudication Form 564, Rating Sheet, dated 12 June 1945, he received a 100 percent disability rating for his medical conditions. 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 D. AIR FORCE EVALUATION: AFPC/DPFD recommends denial of the applicant’s request to correct the former member’s records to reflect his back injuries. The application is untimely and there is insufficient evidence (medical records) to make a determination of an error or injustice. A complete copy of the AFPC/DPFD evaluation is at Exhibit C. AFPC/DPSID recommends denial of the applicant’s request to correct the former member’s record to reflect the Purple Heart or the Bronze Star Medal. The application is untimely and there is no evidence of an error or injustice. The Bronze Star Medal is awarded to a person in any branch of the military service who, while serving in any capacity with the Armed Forces of the United States on or after 7 December 1941, shall have distinguished himself or herself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy. The award recognizes acts of heroism performed in ground combat if they are of lesser degree than that required for the Silver Star. It also recognizes single acts of merit and meritorious service if the achievement or service is of a lesser degree than that deemed worthy of the Legion of Merit; but such service must have been accomplished with distinction. There was no documentation in the former member’s record, such as a special order or recommendation for award of the Bronze Star Medal, nor was any provided with this request to verify the former member was recommended for or awarded the Bronze Star Medal. The special order is the official source document for award of a decoration. 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. Examples of injuries or wounds which clearly do not justify award of the Purple Heart include: frostbite or trench foot injuries; heat stroke; food poisoning not caused by enemy agents; chemical, biological, or nuclear agents not released by the enemy; battle fatigue; disease not directly caused by enemy agents; accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action; self-inflicted wounds, except when in the heat of battle and not involving gross negligence; post-traumatic stress disorders; and/or jump injuries not caused by enemy action. AFPC/DPSID was able to locate a memorandum dated 13 September 1944, stating the former member’s plane crash was an accident and was not caused by enemy action. There is no official documentation located within the former member’s official military personnel record or provided by the next of kin verifying the plane was engaged with the enemy or was shot down due to enemy action; therefore, does not qualify for Purple Heart consideration. To grant relief would be contrary to the criteria established by DoD Manual 1348.33, Manual of Military Decorations and Awards, the Secretary of the Air Force, Chief of Staff, and/or the War Department. AFPC/DPSID was able to verify the applicant's entitlement to the Asiatic-Pacific Campaign Medal with one Bronze Service Star and the World War II Victory Medal. Upon the final Board decision, administrative correction of the applicant's official military personnel record will be completed by AFPC/DPSOR. A one-time replacement/initial issue of the following awards has been provided to the applicant: Good Conduct Medal, Asiatic- Pacific Campaign Medal with one Bronze Service Star, World War II Victory Medal, and Honorable Service Lapel Button. A complete copy of the AFPC/DPSID evaluation is at Exhibit D. SAF/MRBP states that SAFPC is not involved with the administrative processes for the Purple Heart and deferred to the recommendation from AFPC/DPSID. A complete copy of the SAF/MRBP evaluation is at Exhibit E. AFPC/DPFDD recommends denial of the applicant’s request to change the former member’s disability rating from the single rate to married based on untimeliness. The decedent separated in 1945 and died in 1997. AFPC/DPFDD also recommends denial on the merits. Disability pay provided by the Air Force is based on percent of disability or years of service, whichever is greater. Only the Department of Veterans Affairs (DVA) addresses dependency. Regarding the percentage of disability awarded by the Air Force, the former member would have been awarded the percentage gleaned from the Veterans Administration Schedule for Rating Disabilities and only for the severity of his condition at the time he was boarded. Any increases would come from the DVA and not would not change the percentage originally awarded by the Air Force. The Air Force and the DVA disability systems operate under separate laws. Under the Air Force system (Title 10, United States Code [U.S.C.]), Physical Evaluation Boards must determine whether an airman’s medical condition renders them unfit for duty. If the board renders a finding of unfit, the law provides for compensation to those military members whose careers are shortened due to a service-incurred or service-aggravated physical disability. However, to receive such compensation, each medical condition must, in and of itself, render the airman unfit for duty. Under the DVA system (Title 38, U.S.C), the law provides for compensation for veterans based on the average impairment in earning capacity resulting from all service- connected diseases and/or injuries. As such the DVA, over a period of years, may require re-rating in accordance with a veteran’s current physical condition. Although the two agencies use the same rating schedule, the military only rates those conditions which make an individual unfit for continued military service, while the DVA rates all medical conditions connected to the veteran’s military service. Additionally, the disability provisions of Title 10 U.S.C. require the military services to rate disabilities based on the military member’s current condition at the time of disability processing. The DVA may rate based upon future employability. This, plus the fact that the DVA may perform evaluations at a later time, often results in different ratings by the two agencies. A complete copy of the AFPC/DPFDD evaluation is at Exhibit F. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 19 February 2016, copies of the Air Force evaluations were forwarded to the applicant for review and comment within 30 days (Exhibit G). As of this date, no response has been received by this office. FINDINGS AND CONCLUSIONS OF THE BOARD: Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. After a careful review of the applicant's contentions, documentation submitted in support of the request and the available evidence of record, there is insufficient evidence that would lead us to believe the former member incurred an injury, as a direct result of enemy action, as required for award of the Purple Heart. The former member’s personal sacrifice and unselfish service to his country is noted and our decision in no way lessens our regard for his service; however, without documentation to substantiate his injury was caused by enemy action, we are unable to verify his entitlement to the Purple Heart. Additionally, the applicant has not shown a plausible reason for the delay in filing, and we do not find the evidence presented is sufficient to conclude the applicant is the victim of an error or injustice. Therefore, other than the administrative corrections noted above, 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-2015-00537 in Executive Session on 22 March 2016, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 15 January 2015, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPFD, dated 18 August 2015. Exhibit D. Memorandum, AFPC/DPSID, dated 7 December 2015. Exhibit E. Memorandum, SAF/MRBP, dated 22 December 2015. Exhibit F. Email, AFPC/DPFDD, dated 17 February 2016. Exhibit G. Letter, AFBCMR, dated 19 February 2016.