RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 				DOCKET NUMBER: BC-2015-04049

XXXXXXXXXXXXX					COUNSEL:  NONE

							HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart.

APPLICANT CONTENDS THAT:

He should be awarded the Purple Heart and all associated benefits for the wounds he received on 4 August 1969.  He was twice denied the Purple Heart because the attack was an act of terrorism and did not occur in a designated combat zone.  In 2009, military members injured during a shooting at Ft. Hood received the Purple Heart because the event was labeled “terrorist activities.”  Therefore, those wounded in the Philippines should also be awarded the Purple Heart.

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

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 29 June 1967.

On 31 August 1988, the applicant was separated and retired effective 1 September 1988.  He was credited with 20 years, 5 months, and 18 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 there is no evidence of an error or an injustice.  In addition, the application is untimely. 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 (on behalf of the Secretary of the Air Force), 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.  The applicant has provided no relevant documentation such as a signed certificate or Special Order verifying he was recommended for or awarded the Purple Heart.  In addition, medical documentation was not provided verifying the applicant was treated for an injury; therefore, the request was not submitted to the Purple Heart Review Board for 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.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He reiterates that he was involved in a terrorist attack in August 1969.  He was denied the Purple Heart because the Philippines was not considered a combat zone.  As a Vietnam veteran he is used to being denied recognition and does not expect a different outcome.

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.  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, 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-2015-04049 in Executive Session on 13 September 2016, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04049 was considered:

Exhibit A.  DD Form 149, dated 15 September 2015, w/atchs.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, AFPC/DP3SP, dated 25 July 2016.
Exhibit D.  Letter, AFBCMR, dated 3 August 2016.
Exhibit E.  Letter, Applicant, dated 25 August 2016.

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.