RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 				DOCKET NUMBER: BC-2015-02163

  XXXXXXXXXXXXX				COUNSEL:  NONE

							HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He be entitled to a Combat Service Award [sic].

APPLICANT CONTENDS THAT:

He was injured while he was deployed to Vietnam and received treatment at an Air Force medical facility.  He requires a correction to his records so he can apply for benefits.

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

STATEMENT OF FACTS:

On 7 June 1971, the applicant entered the Regular Air Force.

On 21 May 1974, the applicant received an honorable discharge, and was credited with 2 years, 11 months and 15 days of active service.

In a letter dated 31 July 2015, AFPC/DPAPP advised the applicant that they verified and confirmed he had boots on the ground Foreign Service time in the Republic of Vietnam; however, they are unable to determine the exact amount of time he served in the Republic of Vietnam.  The letter also stated that specific locations are not annotated on a member's DD Form 214.  As such, he was advised to use their letter as proof of “boots on ground” for the Republic of Vietnam.

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 indicating there is no evidence of an error or an injustice.  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.

The Purple Heart Review Board has the authority to determine a veteran's award of the Purple Heart.  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.  In order to present the applicant's request to the Purple Heart Review Board, a detailed personal account of the circumstances surrounding his injury to include specifics as to how he was injured, exact date of injury, unit of assignment, and rank held at the time injured and medical documentation validating the injury must be provided.  An eyewitness account from an individual who saw the applicant injured and can attest to the circumstances surrounding the applicant's personal account may also be provided.  The applicant's request was not submitted to the Purple Heart Review Board as it lacks the aforementioned documentation.  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/DP3SP was able to determine the Armed Forces Expeditionary Medal and the Korean Defense Service Medal should have been awarded during the applicant’s service from 7 June 1971 to 21 May 1974 and were not reflected in his records.  Upon the final Board decision, administrative correction of the applicant’s records will be completed by AFPC/DP2STM.

A complete copy of the AFPC/DP3SP evaluation, with attachment, is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 6 May 2016, 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:

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, we are not convinced the applicant has provided sufficient evidence for us to conclude that he is the victim of an error or injustice.  We also note the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552 Correction of military records: claims incident thereto, and AFI 36-2603, Air Force Board for Correction of Military Records.  While the applicant claims a date of discovery of less than three years prior to receipt of the application, we believe a reasonable date of discovery was more than three years prior to receipt of the application.  Therefore, beyond the relief already granted administratively, we do not find it would be in the interest of justice to recommend granting relief, and the applicant has offered no plausible reason for the delay in filing the application, we cannot conclude it would be in the interest of justice to excuse the failure to timely file the application.  Accordingly, we find the application untimely.

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-2015-02163 in Executive Session on 14 June 2016, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02163 was considered:

Exhibit A.  DD Form 149, undated, w/atchs.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, AFPC/DP3SP, dated 11 April 2016.
Exhibit D.  Letter, AFBCMR, dated 6 May 2016.