RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 				DOCKET NUMBER: BC-2016-00555

XXXXXXXXXXXXX (DECEASED)			COUNSEL:  NONE

XXXXXXXXXXXXX (APPLICANT)		HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

The following be added to her husband’s (former member) WD AGO Form 53-55, Enlisted Record and Report of Separation - Honorable Discharge:

	a. Prisoner of War status
	b. Purple Heart

APPLICANT CONTENDS THAT:

Her husband was a Prisoner of War during World War II.  He received the Purple Heart for wounds he suffered after his plane was shot down.

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

STATEMENT OF FACTS:

According to the former member’s WD AGO 53-55, he served on active duty for the period 25 February 1943 to 22 September 1945.  The following decorations are reflected in Item 33 (Decorations and Citations) European, African, Middle Eastern Ribbon; Good Conduct Ribbon; and Air Medal with 3 Oak Leaf Clusters, 2 Overseas Bars. 

In a letter dated 1 August 2016, AFPC/DPFCM (Missing Persons Branch) informed the applicant that information obtained from the National Archives and Records Administration indicates that the former member was a Prisoner of War effective 14 July 1944 to 22 April 1946.  The applicant was advised to use their letter as verification of the former member’s Prisoner of War status.

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 applicant states that the former member received the Purple Heart; however, the applicant did not provide a special order, nor does the former member’s official military personnel records include any documents indicating he was recommended for or awarded the Purple Heart.  To award the Purple Heart would be contrary to the criteria established by DoDM 1348.33, Manual of Military Decorations and Awards, Secretary of the Air Force, Chief of Staff, and/or the War Department.

AFPC/DP3SP is able to verify the applicant’s eligibility for the Prisoner of War Medal, American Campaign Medal and the World War II Victory Medal. Upon final Board decision, administrative correction of the applicant’s official military personnel records will be completed by AFPC/DP2STM.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 8 November 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 her spouse was 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-2016-00555 in Executive Session on 18 May 2017, under the provisions of AFI 36-2603:

 , Panel Chair
 , Member
 , Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-00555 was considered:

Exhibit A.  DD Form 149, dated 10 January 2013, w/atchs.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, AFPC/DP3SP, dated 13 October 2016, 
  w/atchs.
Exhibit D.  Letter, AFBCMR, dated 8 November 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.