RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04339

	COUNSEL: NONE
	
	HEARING: NO

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

APPLICANT CONTENDS THAT:

He was injured during a rocket attack at Tan Son Nhut Air Base, Republic of Vietnam on 24 Feb 68.  The applicant’s complete submission is at Exhibits A and E.

STATEMENT OF FACTS:

The applicant was honorably discharged from the Air Force on 30 Jan 69 in the grade of staff sergeant.  

An entry made on the applicant’s SF 600, Chronological Record of Medical Care,at Tan Son Nhut Air Base, dated 24 Feb 68, states “mild burn on left foot with some peeling of skin.” The applicant’s AF Form 910, Enlisted Performance Report, for the period of 28 Nov 67 through 12 Apr 68, states in block VII that “His humanistic strength was evidence recently when he sustained personal injury while instinctively assisting casualties during a rocket attack on his base.”  

On 10 Jun 68, the applicant was awarded The Bronze Star Medal with V Device for heroic achievement while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force.  On 28 Jul 15, AFPC/DPSIDR, in response to Congressional Inquiry stated they were unable to locate any official documentation in the applicant’s military personnel record supporting award of the PH.  In the same AFPC/DPSIDR letter, it was stated that on 15 Dec 05, the PH Review Board (PHRB) disapproved the applicant’s request for award of the PH Medal.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP3SP recommends denying the application.  Although the applicant provided a detailed personal account of the circumstances surrounding his injury and medical documentation that appears as though the applicant received medical attention for an injury on the same day of the verified mortar attack, it does not specify a cause of injury; therefore, the package is incomplete as he did not provide an eyewitness statement attesting to the circumstances surrounding the injuries.  The complete advisory is at Exhibit F.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 29 Nov 17 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 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.  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).  While the applicant asserts a date of discovery less than three years before the Board’s receipt of the application, the Board does not find the assertion reasonable.  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-2016-04339 in Executive Session on 20 Jun 18:

, Panel Chair
, Panel Member
, Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 25 Oct 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Letter, AFBCMR to applicant, w/atchs dated 28 Mar 17.
Exhibit D:	Email, AFBCMR to applicant, w/atchs, dated 11 Aug 17.
Exhibit E:	Applicant’s response, dated 15 Aug 17.
Exhibit F:  Advisory opinion, AFPC/DP3SP, dated 29 Nov 17.
Exhibit G:	Notification of Advisory, AFBCMR to applicant, dated 13 Dec 17.

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