RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-02384

	COUNSEL
	
	HEARING: NO

APPLICANT REQUESTS THAT:

His DD Form 214, Report of Separation from Active Duty, effective 2 January 1975, be corrected to reflect he was authorized and awarded the Purple Heart (PH).  

His DD Form 214 be corrected to reflect his foreign service at Bien Hoa Air Base (AB), Republic of Vietnam (RVN) (ADMINISTRATIVELY CORRECTED).

APPLICANT CONTENDS THAT:

He sustained wounds during a rocket/mortar attack at Bien Hoa AB, RVN.  He received treatment by a medical physician and held overnight at the base dispensary for observations.  The next day he received notification for award of the PH.  He departed his temporary duty assignment in the RVN.  While he thought the PH medal would eventually catch up with him, it never did.  He did not know the importance of the DD Form 214, other than having honorable service and no lost time.  He has 32 years active and reserve duty combined and has earned the medal.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force staff sergeant (E-5).  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

On 5 November 2009, according to documentation submitted by the applicant, he was notified by the National Personnel Records Center (NPRC) that his military record was removed from the file area in order to respond to a prior inquiry and has not been returned. 

On 19 September 2016, AFPC/DP3AM, notified the applicant that after a complete review of the documentation he provided, they were able to verify and confirm his foreign service time at Bien Hoa AB, RVN.  As such, he was provided a letter documenting that he had “boots on ground” for the Republic of Vietnam.  Due to the unavailability of his master personnel records a determination could not be made of the exact amount of time for his foreign service; however, it appears the amount of foreign service time reflected on his DD Form 214, is correct.  

AIR FORCE EVALUATION:

AFPC/DP3SP recommends disapproval for award of the Purple Heart.  Although there is no official military personnel record, based on the documentation provided by the applicant, a submission to the Purple Heart Review Board is unwarranted due to the lack of medical documentation verifying receipt of an injury incurred by enemy action, which required medical treatment or the submission of eyewitness statements.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 21 November 2017 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.   After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error and injustice.  The Board concurs with the rationale and recommendation of AFPC/DP3SP and finds that a preponderance of the evidence does not substantiate the applicant’s contentions in regards to award of the Purple Heart.  The Board also notes 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, Air Force Board for Correction of Military Records (AFBCMR).  Moreover, the applicant has offered no plausible reason for the delay in filing the application.  With regard to the applicant’s request for his record to reflect his foreign service at Bien Hoa Air Base (AB), Republic of Vietnam (RVN), AFPC/DP3AM was able to verify his service in Vietnam and has since provided the applicant with a “boots on ground” letter”.  Therefore, Board action on this portion of his request is not necessary.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-02384 in Executive Session on 29 May 2018:

All members voted not to correct the record.  The panel considered the following documentary evidence pertaining to AFBCMR Docket Number BC-2016-02384.

Exhibit A:	Application, DD Form 149, w/atchs, dated 22 May 2016.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SP, dated 13 October 2017.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 21 November 2017.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.