RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04248 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His military records be corrected to reflect award of the Purple Heart (PH) Medal. APPLICANT CONTENDS THAT: He should be awarded the PH for injuries suffered under hostile fire in enemy territory on 19 Nov 68. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 14 May 51. On 30 Jun 72, the applicant was furnished an honorable discharge, and was credited with 20 years, 11 months, and 13 days of active service. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSID recommends denial for award of the Purple Heart (PH) Medal, indicating there is no evidence of an error or an injustice. The PH Medal is awarded to any member 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 Medal 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. There was no official documentation in the applicant’s record to verify he was recommended for or awarded the PH Medal. The Purple Heart Review Board has the authority, to determine a veteran’s award of the PH medal. Each request is considered based on the policies and criteria in use at the time the veteran was injured, and the determination is dependent on the documentary evidence presented. The applicant’s request was not submitted to the Purple Heart Review Board as it lacks the medical documentation substantiating medical treatment was received, and eyewitness statements. The applicant submitted a Veteran’s Administration Form 21-2545, dated 25 Apr 90, noting he claimed a back injury in 1968; but it also notes a back injury in the 1950s. The applicant’s record contained a Report of Medical Examination, dated 14 Mar 72, that states the applicant had recurrent back pain since 1970. A report of Medical Examination, dated 29 Apr 71, does not note back pain, and the applicant denies any other significant medical history. There is no evidence the applicant suffered an injury through enemy contact. There is no medical documentation that the injury was treated, or eye witness statements attesting to the circumstances surrounding the injury. Based on review of the applicant’s record, he was determined to be eligible for the Good Conduct Medal with three Bronze Loops (GCM w/3BL), the Armed Forces Expeditionary Medal with one Bronze Service Star (AFEM w/1BSS), the Vietnam Service Medal with one Silver Service Star and one Bronze Service Star (VSM w/1SSS & 1BSS), and the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P). Upon final board decision, the applicant’s record will be administratively corrected. A complete copy of the AFPC/DPSID evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 25 Feb 15 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. 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 warranting award of the Purple Heart (PH) Medal. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) that there is insufficient evidence in the applicant’s record verifying he received a wound as a result of enemy action, received medical treatment, and was recommended for award of the Purple Heart. We note the Air Force OPR has determined the applicant’s eligibility for the Good Conduct Medal with three Bronze Loops (GCM w/3BL), Armed Forces Expeditionary Medal with one Bronze Service Star (AFEM w/1BSS), Vietnam Service Medal with one Silver Service Star and one Bronze Service Star (VSM w/1SSS & 1BSS), and the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P) and will correct his records administratively. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting relief beyond that rendered administratively. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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-2014-04248 in Executive Session on 16 Jul 15, under the provisions of AFI 36-2603: The following documentary evidence pertaining AFBCMR Docket Number BC-2014-04248 was considered: Exhibit A. DD Form 149, dated 15 Oct 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSID, dated 24 Dec 14. Exhibit D. Letter, SAF/MRBR, dated 25 Feb 15.