RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02928

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal and any other service medals he may be entitled.

APPLICANT CONTENDS THAT:

He should be awarded the PH for wounds he received to his leg and back in 1950.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 9 Jul 48.

On 26 May 51, the applicant received an honorable discharge, and on the same date, transferred to the Air Force Reserve (USAFR).  He was credited with 2 years, 7 months, and 23 days of active 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/DP3SP recommends denial indicating the request is untimely. DP3SP was unable to verify that the applicant was recommended for or awarded the PH.  The applicant did not submit any such documentation with his application and the request lacks a detailed personal account of the incident, medical documentation or a statement from a medical officer attesting to treatment.

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 following Air Force Medals and/or Ribbons should have been awarded during the applicant’s service from 9 Jul 48 to 26 May 51 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/DP2STM:

•	United Nations Service Medal (UNSM)
•	Republic of Korea Presidential Unit Citation (ROKPUC)
•	Korean War Service Medal (KWSM)

A one-time replacement/initial issue of the following awards and decorations has been provided to the applicant:

•	Presidential Unit Citation (PUC)
•	United Nations Service Medal (UNSM)
•	KWSM

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 7 Jun 16 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 and Air Force Instruction 36-2603.  Therefore, because 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, other than the administrative corrections noted above, 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-2015-02928 in Executive Session on 20 Sep 16 under the provisions of AFI 36-2603:

					 , Panel Chair
				  , Member
					   , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 11 Mar 15, w/atch.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 7 Jun 16.
	Exhibit D.  Letter, AFBCMR, dated 14 Jun 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 pertaining to AFBCMR Docket Number BC-2015-02928 in the above entitled matter.