RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-01883

  			(DEC)		COUNSEL:  NONE

  			(APPLICANT)	HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

His deceased father be awarded the Purple Heart (PH) for being a Prisoner of War (POW).

APPLICANT CONTENDS THAT:

He believes his father received the PH for being a POW in World War II (WWII).  Someone broke into his father’s home and stole his medals and ribbons.  

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The deceased former member initially entered the Army Air Corps on 1 Jun 43.

According to the POW registry, the deceased former member was a POW from 6 Oct 44 to 26 Apr 45.  

On 2 Nov 45, the deceased former member was furnished an honorable discharge, and was credited with two years, five months, and two days of active service.  

The Purple Heart (PH) award 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, be a medical officer.  

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/DP3SP recommends denial of the PH indicating there is no evidence of an error or an injustice and the request was not submitted in a timely manner.  Additionally, the deceased former member’s record contains very limited documentation and there was no official documentation in the record, nor was any provided by the next of kin, verifying the deceased former member was recommended for or awarded the PH.  Furthermore, there is no official documentation to verify the circumstances of how the deceased former member was injured, no medical documentation to verify an injury was received requiring medical treatment, or eyewitness statements/personal account relating to the injury.  The PH Review Board has the authority to determine a veteran’s award of the PH; however, the next of kin’s request was not submitted to the Board as it lacks the required documentation.  

Even so, AFPC/DP3SP determined the deceased former member’s record should be corrected to reflect the award on the Prisoner of War Medal and the World War II Victory Medal.  Upon final Board decision, his record will be administratively corrected.  

A complete copy of the AFPC/DP3SP 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 13 Jul 16 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

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.  While the applicant claims a date of discovery of less than three years ago, in our view, the reasonable date of discovery of the alleged error or injustice was more than three years ago and the application is therefore untimely.  

3.  Insufficient relevant evidence has been presented to demonstrate the existence of 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 there is an available avenue of administrative relief the applicant has not first pursued by providing the required documentation noted above.  In view of this, we find this application is not ripe for adjudication at this level as there exists a subordinate level of appeal that has not first been depleted.  Other than the administrative correction noted above, we find no basis to recommend granting the relief sought in this application.

4.  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 applicant be notified that all available avenues of administrative relief have not been exhausted; and the application will only be reconsidered upon submission of documentary evidence indicating that said avenues of administrative relief have been exhausted.  

The following members of the Board considered AFBCMR Docket Number BC-2015-01883 in Executive Session on 8 Dec 16 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-01883 was considered:

	Exhibit A.  DD Form 149, dated 28 Apr 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 24 Jun 16, w/atch.
	Exhibit D.  Letter, AFBCMR, dated 13 Jul 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.