RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02611 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) Medal. ________________________________________________________________ _ APPLICANT CONTENDS THAT: He was wounded in action against the enemy while stationed in Korea. He received shrapnel to the right side of his face and legs. In the 1950’s, minorities were treated differently compared to other military personnel. He never thought about receiving the PH until he had a conversation with another veteran. In support of his request, the applicant provides a copy of a letter from AFPC/DPMASA and a copy of his DD Form 214, Report of Separation from the Armed Forces of the United States. His complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant received an honorable discharge on 20 Oct 56. On 4 Nov 77, AFPC/DPMASA sent the applicant a letter notifying him that the Purple Heart Review Board (PHRB) denied his request for award of the PH. In accordance with AFM 900-3, during the period in question, the Purple Heart (PH) was awarded for wounds received in action against an enemy, or as a direct result of an act of any enemy, opposing armed force, or hostile foreign force. For the purpose of considering award of the PH, a wound was defined as an injury to any part of the body from an outside force or agent. A physical lesion was not required, provided the concussion or other form of injury received was due to direct enemy, opposing armed force, or hostile foreign force action. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is at Exhibit C. ________________________________________________________________ _ AIR FORCE EVALUATION: 1. AFPC/DPSID recommends denial stating that after reviewing the applicant’s official military personnel record, they were unable to verify award of the PH. Additionally, they were unable to locate a signed certificate, special order or any other official documentation that verifies the PH was awarded to the applicant. Although the applicant contends he received shrapnel to side of his face and nearly lost his right eye, there is no medical documentation to support this injury. 2. The applicant has not provided any of the required documentation such as a detailed personal account of how the injury occurred, medical documentation substantiating that he received an injury which required medical treatment at the time the injury occurred, and eyewitness statements from individuals who saw him receive the injury. The PHRB previously denied the applicant’s request due to lack of proof of an injury which meets the basic criteria for the PH Medal. The complete DPSID evaluation is at Exhibit C. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He provides a letter from a nurse practioner from the Department of Veterans Affairs (DVA) that states both scars are more likely than not to have been related to an injury that the applicant sustained and if the injuries were inflicted by shrapnel then it is more likely than not that such wounds required treatment. The nurse practitioner was able to confirm an injury near the right upper lip. He also provides an excerpt from his medical records that is not entirely legible; however, it appears that it says his face was abided by flying empty cartridges and he has a 2 x 05 inch abrasion on his upper right lip. The rest of the document is very difficult to read. The applicant’s complete submission, with attachments, is at Exhibit E. ________________________________________________________________ _ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. After a thorough review of the available evidence and applicant’s complete submission, we find no evidence that his records should be corrected to show he was awarded the PH. In this respect, the applicant’s contentions are noted; however, without supporting documentation to prove he sustained injuries as a result of direct enemy action, we are unable to provide a favorable determination. As such, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. The applicant’s honorable service is noted. Regrettably, we do not find the evidence submitted is sufficient to recommend granting the requested relief. ________________________________________________________________ _ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. ________________________________________________________________ _ The following members of the Board considered AFBCMR Docket Number BC-2013-02611 in Executive Session on 28 Jan 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence for AFBCMR Docket Number BC- 2013-02611 was considered: Exhibit A. DD Form 149, undated, w/atchs. Exhibit C. Letter, AFPC/DPSID, dated 12 Nov 13. Exhibit D. Letter, SAF/MRBR, dated 13 Dec 13. Panel Chair FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974 FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974 4 4 5 This document contains information which must be protected IAW AFI 33-332 and DoD Regulation 5400.11; Privacy Act of 1974 as Amended Applies, and it is For Official Use Only (FOUO).