RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03540 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His records be corrected to reflect the award of the Purple Heart (PH). APPLICANT CONTENDS THAT: He never received a PH for injuries sustained during a bombing mission. He and an aircrew of nine Airmen were targeting an oil refinery in Austria. Twenty-one B-24 planes flew across the target area together. His aircraft was flying in the number four slot. He was in the turret with a twin fifty caliber machine gun. The German flak was exploding below his aircraft so he was fairly certain that they would make it through the bombing run unscathed. German flak suddenly exploded just in front and to the left of his aircraft. The turret windshield exploded and his twin 50 caliber machine gun disappeared from the turret and he was knocked unconscious. He came around a few minutes later bleeding from a gash in his forehead. His crew helped him out of the turret and tended to his wounds. He was told at the time that he would be put in for the PH and even saw the paperwork. They were shipped home shortly thereafter and he never received his PH and never knew how to go about getting it. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant entered the Army Air Corps on 27 Dec 43. On 19 Oct 45, the applicant was furnished an honorable discharge, and was credited with 1 year, 10 months, and 16 days of active service. His military occupational specialty was aerial gunner The applicant’s WD AGO Form 53-55, Enlisted Record and Report of Separation Honorable Discharge, reflects the following decorations and citations: - Air Medal, with one Oak Leaf Cluster - European-African-Middle Eastern Campaign Ribbon - Good Conduct Medal The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C and D. AIR FORCE EVALUATION: AFPC/DPSID recommends denial indicating there is no evidence of an error or an injustice. They also note that this request was not submitted in a timely manner. The PH 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 PH 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’s official military personnel records contain very limited documentation and appear to be heavily damaged in the fire at the National Personnel Records Center in 1973. After a thorough review of what was available, they were unable to locate a signed Certificate, Special Order or any other official documentation, nor were any provided, to verify the applicant was recommended for or awarded the PH. There is no evidence the applicant suffered an injury through enemy contact. There is no medical documentation that an injury was treated, or eyewitness statements attesting to the circumstances surrounding any injury. Based on their review they were able to determine that the below Air Force Medals and/or Ribbons should have been awarded: - American Campaign Medal - European-African-Middle Eastern Campaign Medal with one Silver Service Star - World War II Victory Medal Upon final Board decision, administrative correction of the applicant’s record will be completed by AFPC/DPSOR. A complete copy of the AFPC/DPSID evaluation is at Exhibit C. SAF/MRBP recommends denial indicating there is no evidence of an error or an injustice. They contend the applicant did not provide evidence that he had been submitted for a PH, or medical documentation substantiating an injury that required medical treatment. Additionally, a search of his personnel records related to his service in World War II did not provide the requisite evidence that would allow the request to be reasonable considered. A complete copy of the SAF/MRBP evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force and SAF/MRB evaluations were forwarded to the applicant on 6 Apr 15 for review and comment within 30 days (Exhibit E). As of this date, no response has been received by this office. FINDINGS AND CONCLUSIONS OF THE BOARD: After careful consideration of applicant’s request and the available evidence of record, we find the application untimely. Applicant did not file within three years after the alleged error or injustice was discovered as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603. Applicant has not shown a plausible reason for the delay in filing, and we are not persuaded that the record raises issues of error or injustice which require resolution on the merits. Thus, we cannot conclude it would be in the interest of justice to excuse the applicant’s failure to file in a timely manner. 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-2014-03540 in Executive Session on 21 Jul 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining AFBCMR Docket Number BC-2014-03540 was considered: Exhibit A. DD Form 149, dated 27 Aug 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSID, dated 16 Feb 15. Exhibit D. Memorandum, SAF/MRBP, undated. Exhibit E. Letter, SAF/MRBR, dated 6 Apr 15.