RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 				DOCKET NUMBER: BC-2014-04304

						COUNSEL:  NONE

						HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

He be awarded the Purple Heart.


APPLICANT CONTENDS THAT:

On 22 April 1971, he was deployed to a forward operating base as a 
combat control team member.  His team came under heavy rocket 
mortar and small arms fire.  While providing suppressing fire from 
his M-60 machine gun and M-70 grenade launcher, he was blown off 
his feet.  He was not considered for award of the Purple Heart 
because of a lack of knowledge by senior military officers.  His 
injury is medically documented.  Therefore, he should have been 
awarded the Purple Heart.

In support of his request, the applicant provides copies of a 
letter from the Health Services Administrator and Standard Form 
600, Chronological Record of Medical Care.

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

On 7 January 1964, the applicant entered the Regular Air Force.

On 29 February 1984, the applicant retired from the Air Force in 
the grade of master sergeant (E-7).  He was credited with 20 
years, 1 month, and 24 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/DP3SP recommends denial indicating there is no evidence of an 
error or an injustice.  The Purple Heart 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 Purple Heart 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 request was 
submitted to the Purple Heart Review Board for consideration and 
on 9 March 2016 was disapproved as not meeting the requirements 
established in accordance with AFI 36-2803, The Air Force Awards 
and Decorations Program.  To grant relief would be contrary to the 
criteria established by DoDM 1348.33, Secretary of the Air Force, 
Chief of Staff, and/or the War Department.

AFPC/DP3SP was able to verify the applicant's entitlement to the 
Vietnam Service Medal with four Bronze Service Stars.  Upon the 
final Board decision, administrative correction of the applicant's 
official military personnel record will be completed by 
AFPC/DPSOR.

A complete copy of the AFPC/DP3SP evaluation is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 18 March 2016, a copy of the Air Force evaluation was forwarded 
to the applicant for review and comment within 30 days (Exhibit 
D).  As of this date, no response has been received by this 
office.


FINDINGS AND CONCLUSIONS OF THE BOARD:

Insufficient relevant evidence has been presented to demonstrate 
the existence of an error or injustice.  After a careful review of 
the applicant's contentions, documentation submitted in support of 
the request, and the available evidence of record, we are not 
convinced the applicant has provided sufficient evidence for us to 
conclude that he is the victim of an error or injustice.  We also 
note 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 Correction of military records:  claims incident 
thereto, and AFI 36-2603, Air Force Board for Correction of 
Military Records.  Therefore, beyond the relief already granted 
administratively, we do not find it would be in the interest of 
justice to recommend granting relief, and the applicant has 
offered no plausible reason for the delay in filing the 
application, we cannot conclude it would be in the interest of 
justice to excuse the failure to timely file the application.  
Accordingly, we find the application untimely.


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-2014-04304 in Executive Session on 19 April 2016, under the 
provisions of AFI 36-2603:

      , Panel Chair
      , Member
      , Member

The following documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 15 October 2014, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Memorandum, AFPC/DP3SP, dated 18 March 2016, 
                  w/atch.
      Exhibit D.  Letter, AFBCMR, dated 18 March 2016.