RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04838

XXXX X. XXXX	COUNSEL: NONE
	
 	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His record corrected to show award of the Purple Heart.

APPLICANT’S CONTENTIONS

He suffered cuts to his hands and feet during the Khobar Towers’ bombing yet continued to attend to others disregarding his own injuries.  His Air Force Achievement Medal with Valor award reflects his injuries.      

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force master sergeant (E-7).

On 20 Apr 20, the AFPC Recognition Team notified the applicant they were unable to verify the award of the Purple Heart.  Furthermore, they notified the applicant that the Purple Heart Review Board has the authority to determine a veteran’s award of the Purple Heart should the applicant provide the necessary information (see Exhibit C).   

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit D.

APPLICABLE AUTHORITY

Paragraph A2.10, of AFMAN 36-2806, Awards and Memorialization Program, 10 Jun 19, provides the eligibility criteria for the Purple Heart award.  A2.1.10.1.1.11.2 states, “A wound for which the award is made is of such severity that it required treatment, not merely examination, by a medical officer. Treatment of the wound is documented in the Service member’s medical or health record. Award 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.”  See Exhibit F.   

AIR FORCE EVALUATION

AFPC/DP3SP recommends denying the application.  The applicant was sent correspondence requesting additional documentation to administratively correct his record and consider the award of the Purple Heart. Unfortunately, no response was received therefore an administrative correction is not possible due to insufficient documentation verifying Purple Heart eligibility.  

The applicants’ request is unable to be presented to the Purple Heart Review Board absent the required information pertaining to medical documentation of the wound and eyewitness statements of the incident.  Requirement is for the wounds to “require medical attention.” According to his Air Force Achievement Medal language, the applicant appears to have “minor wounds to his hands and feet;” however, there is no documentation presented which states the “minor wounds” required medical attention.

The evidence presented does not provide the detailed information to determine if a wound occurred in accordance with law and DoD/Air Force applicable directives to be considered for award of the Purple Heart. To grant relief would be contrary to the criteria established by law and Air Force Manual 36-2806.

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 12 Aug 20 for comment (Exhibit E), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed.

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

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP3SP and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Specifically, the Board finds the applicant’s injuries did not require medical attention.  However, should the applicant have any evidence that reflects he received medical attention for the injuries incurred, the Board would reconsider his request.  The Board also notes the applicant did not file the application within three years of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery within the three-year limit, the Board does not find the assertion supported by a preponderance of the evidence.  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2016-04838 in Executive Session on 18 Nov 20:

Mr. Panel Chair 
Mr. Panel Member
Mr. Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 10 Nov 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Memorandum, AFPC Recognition Team, dated 20 Apr 20.
Exhibit D:	Advisory opinion, AFPC/DP3SP, dated 9 Aug 20.
Exhibit E:	Notification of advisory, SAF/MRBC to applicant, dated 12 Aug 20.
Exhibit F:	Applicable Authority extract.

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