RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS. IN THE MATTER OF: DOCKET NUMBER: BC-2015-00916 COUNSEL: NONE (APPLICANT) HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her father's records be corrected to reflect that he was awarded the Purple Heart with one Bronze Oak Leaf Cluster (PH w/1BOLC). APPLICANT CONTENDS THAT: On 15 May 44, her father sustained another combat injury that should have entitled him to a second PH medal. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: According to WD AGO Form 53, Military Record and Report of Separation Certificate of Service, on 29 May 43, the former member entered the Army Air Corps. On 10 Aug 45, the member received an honorable discharge. On 11 Aug 45, he was transferred to the Air Force Reserve (AFRES). He was credited with 2 years, 2 months, and 16 days of total active service. On 21 May 53, the member received an honorable discharge from the AFRES. He was credited with 6 years, 8 months, and 24 days of total 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 denial indicating the request is untimely and there is no documentation in the former member’s record, nor was any provided by the next of kin, verifying the member was recommended for or awarded the PH w/1BOLC. Additionally, there is no official documentation to verify the member’s injuries were due to an enemy action or any eyewitness statements. 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 PH 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 former member was awarded the PH per Headquarters V Fighter Command General Order No. 41, dated 21 Aug 44 for wounds received in action on 7 May 44. Although it was verified that the former member was injured on 15 May 44, there is no documentation in his record, nor was any provided by the applicant to verify the crash landing in which he sustained injuries was due to enemy action. The Purple Heart Review Board (PHRB) has the authority 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. The applicant’s request was not boarded by the PHRB as it does not contain a detailed personal account, eyewitness statements or medical documentation to verify the injury the member received was due to enemy action. The following Air Force Medals and/or Ribbons should have been awarded during the member’s service from 24 Apr 42 to 10 Aug 45 and are not reflected in his records. Upon final Board decision, administrative correction of the applicant's official military personnel record will be completed by AFPC/DPSOR: • Presidential Unit Citation (PUC) • Good Conduct Medal (GCM) • American Campaign Medal (ACM) • World War II Victory Medal (WWIIVM) • Philippine Presidential Unit Citation (PPUC) A copy of the complete AFPC/DPSID evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states that it is unfortunate that no documentation exists for award of the PH in recognition of the former member’s injury in combat. She understands that the former member is eligible for other medals as a result of review conducted of his official military record. The complete applicant’s response, with attachments, is at Exhibit E. THE BOARD CONCLUDES THAT: 1. The applicant has not 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. In this respect, we note this Board is the highest administrative level of appeal within the Air Force. As such, an applicant must first exhaust all available avenues of administrative relief provided by existing law or regulations prior to seeking relief before this Board, as required by the governing Air Force Instruction. The Air Force office of primary responsibility has reviewed this application and indicated the applicant’s request was not boarded by the PHRB as it does not contain a detailed personal account, eyewitness statements or medical documentation to verify the injury the member received was due to enemy action. In view of this, we find this application is not appropriate for adjudication at this level as there exist a subordinate level of appeal that has not first been depleted. We note the applicant states that it is unfortunate that no documentation exists for award of the PH in recognition of the former member’s injury in combat. However, should the applicant submit supporting documentation as noted above to the PHRB and is not successful in obtaining the relief she seeks, she may then consider resubmitting her appeal to this Board. Therefore, aside from the administrative corrections to award the PUC, GCM, ACM, WWIIVM, and the PPUC we find that consideration of the applicant’s appeal for the PH by this Board is not appropriate at this time. THE BOARD DETERMINES THAT: The applicant be notified that she has not exhausted all available avenues of administrative relief prior to submitting her application to the BCMR; and the application will only be reconsidered upon exhausting all subordinate avenues of administrative relief. The following members of the Board considered AFBCMR Docket Number BC-2015-00916 in Executive Session on 29 Oct 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-00916 was considered: Exhibit A. DD Form 149, dated 1 Mar 15, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSID, dated 10 Aug 15. Exhibit D. Letter, SAF/MRBR, dated 21 Sep 15. Exhibit E. Letter, Applicant, dated 7 Nov 15, w/atchs.