RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04287

 						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH).  

APPLICANT CONTENDS THAT:

On 23 August 1965, he sustained injuries as a result of a mortar attack at Bien Hoa Air Base, Vietnam.  He received a shrapnel wound that was not attended to by medical personnel while deployed to Vietnam.  The injury was reported at the time of the mortar attack.

In support of his request, the applicant provides a copy of his Temporary Duty (TDY) Order-Military dated 30 July 1965, a letter from the 99th Medical Group, Nellis AFB, NV dated 12 August 2015, that states the applicant has evidence of metallic foreign body which he states is a piece of shrapnel that was sustained to his right chest while fighting in Vietnam.  He did not seek medical attention at the time but if its presence had been known he would have warranted medical evaluation.  He also provides a witness statement dated 2 September 2015 which states he was deployed with the applicant at Bien Hoa AB, Vietnam when they came under heavy mortar attack on 1 November 1964 and again on 23 August 1965. 

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

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 5 November 1962 and was discharged on 4 August 1967.  He served 4 years and 9 months of active duty service.  

According to the applicant’s AF Form 7, Airman Military Record, the applicant was awarded the Armed Forces Expeditionary Medal (AFEM) for his service in 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.  The request was not submitted in a timely manner.  Furthermore, there is no official documentation in the applicant’s record to verify he was recommended for or awarded the PH.  Although the applicant provides a detailed narrative eyewitness statement, a recent medical memorandum and X-rays; he will need to provide medical documentation from the time of the injury verifying he received an injury which not only required but received medical treatment in order for his request to be submitted to the PH Review Board.  To grant relief would be contrary to the criteria established by DODM 1348.33, Manual of Military Decorations and Awards, the Secretary of the Air Force and the Chief of Staff.

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 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 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 PH review Board 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 determination is dependent on the documentary evidence presented.  In order to present the request to the PH Review Board the following are required:  A detailed personal account of the circumstances surrounding the injury, medical documentation to substantiate medical treatment was received and an eyewitness account from an individual who saw the applicant injured and can attest to the circumstances surrounding the applicant’s personal account.  

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 7 June 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 and Air Force Instruction 36-2603.  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, 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-2015-04287 in Executive Session on 6 October 2016 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04287 was considered:

	Exhibit A.  DD Form 149, dated 3 September 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 8 April 2015.
	Exhibit D.  Letter, SAF/MRBR, dated 7 June 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.