RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04068

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He be awarded the Air Force Commendation Medal (AFCM).  

He be awarded the Purple Heart (PH) Medal.  

APPLICANT CONTENDS THAT:

He may be entitled to financial benefits or awards, such as the PH or other decorations or benefits for his untimely reported death.  According to the Department of Veteran Affairs letter, dated 9 March 1999, a claim was filed for service connected death benefits on his behalf.  Although, at this point in his life, he is not in the best of health, he is very much alive.  He would like to know the history and any background information relating to this letter.  

He provided a chronological listing of his health conditions, hospitalizations, and surgeries.  

By an amended letter, dated 8 October 2015, the applicant indicated that while on duty overseas, he was cleared to handle Top Secret documents and material.  Although, the VA letter states he was based at Hickam Field, he was not housed or on duty there.  He was at an off base location at that time.  As such, classified records of his duties and activities may or may not be available.  Also, some records may have been destroyed in the Saint Louis fire in 1973.  

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

STATEMENT OF FACTS:

The applicant initially entered the Army of the United States on 16 January 1946 and served on active duty until he was honorably discharged on 14 July 1948.  

On 30 November 2004, the applicant was notified by the Military Awards Branch, of his entitlement to the Army Good Conduct Medal and Cold War Recognition Certificate.  He was further advised that upon receipt of supporting documentation and a recommendation from his Representative in Congress, his requested consideration for the Army Commendation Medal would be forwarded to the Army Decorations Board.  

On 1 April 2016, the Air Force Board for Correction of Military Records (AFBCMR) was notified that the applicant’s military personnel records were located in the area most heavily damaged in the fire at the National Personnel Records Center (NPRC) in 1973.  

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 for award of the Air Force Commendation Medal and for award of the Purple Heart.  After a thorough review of the applicant’s official military personnel record, verification could not be made for award of the Air Force Commendation Medal or the Purple Heart 

The AFCM is awarded to members of the Armed Forces of the United States, below the grade of Colonel and foreign military personnel, who, while serving in any capacity with the Department of the Air Force after 28 March 1958, distinguish themselves by outstanding achievement or meritorious service.  There is no evidence in the applicant’s record, nor was any provided, such as the Special Order or recommendation for award of the AFCM to support award of the AFCM.  The Special Order is the official source document for award of a decoration.  There is insufficient documentation to reasonably consider the applicant’s request.  In order to reasonably consider the request, the applicant will need to submit a recommendation from someone within firsthand knowledge of the act/achievement preferably from someone within the applicant’s chain of command at the time of the act/achievement, a proposed citation, and eyewitness statements of those who can attest to the act/achievement for which the applicant is requesting the AFCM.  

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 operation 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 wound 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.  There is no official documentation in the applicant’s record to verify he was recommended for or awarded the PH.  A signed certificate, Special Order, or any other official documentation could be located.  The applicant did not provide a detailed personal account, medical documentation for treatment received, or eyewitness statements, which are required to consider the applicant for award of the PH.  

The Purple Heart Review Board (PHRB) has the authority (on behalf of the Secretary of the Air Force), 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 cannot be forwarded to the PHRB for consideration, as he lacks a complete package required for reasonable consideration.  

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He has a copy of his VA Form 21-4138, Statement in Support of Claim, dated 30 September 1998.  However, when he was sent this form the attachments were not enclosed.  The documents should be somewhere in the system and he requested if they could be located.  At the time in the late 40s the Air Force Commendation Medal was not issued, it was a joint Army commendation medal or something comparative by another name.  

By amendment to his rebuttal, he indicated the commander of the AMVETS post #151 who did the research and completed his claim is deceased.  He would appreciate any help that can be offered to find the enclosures mentioned on the VA Form 21-4138.  

A complete copy of the applicant’s response is at Exhibit E.  

THE BOARD CONCLUDES THAT:

1.  The applicant has 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 error or injustice.  We took notice of the applicant’s complete submission, to include his rebuttals, in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility that there is insufficient evidence in the applicant’s record to verify his entitlement to the Purple Heart or Commendation Medal.  With regard to the applicant’s request to know the history and any background information relating to the DVA letter of 9 March 1999, we advise the applicant to contact the DVA directly for resolution of this matter.  In the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application.  

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

The following members of the Board considered AFBCMR Docket Number BC-2015-04068 in Executive Session on 9 August 2016 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 15 September 2015 and 8 October 
                 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 16 May 2016.
	Exhibit D.  Letter, AFBCMR, dated 1 June 2016.
	Exhibit E.  Letters, Applicant, dated 21 June 2016 and                    
                 30 June 2016.