RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-05057 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His WD AGO Form 53-55, Enlisted Record and Report of Separation Honorable Discharge, be corrected to reflect he earned award of the Purple Heart. APPLICANT CONTENDS THAT: He sustained wounds as a result of a hostile act of enemy during World War II. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Army Air Corps on 18 Sep 42. On 10 Oct 45, the applicant was discharged with an honorable characterization of service and was credited with 3 years and 23 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 indicating there is no evidence of an error or an injustice. The Purple Heart is awarded to any member of the United States Armed Forces who, while serving under competent authority in any capacity with one of the United States Armed Forces, after _5 Apr 17, has been wounded, killed, or who has died or may hereafter die of wounds received under any of the following circumstances: In action against an enemy of the United States; in action with an opposing armed force of a foreign country in which the United States Armed Forces are or have been engaged; while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party; as a result of an act of any such enemy or opposing armed forces; as the result of an act of any hostile foreign force; after 28 Mar 73, as a result of an international terrorist attack against the United States or a foreign nation friendly to the United States; after 28 Mar 73, as a result of military operations while serving outside the territory of the United States as part of a peacekeeping force; a Service member who is killed or wounded in action as the result of action by friendly weapon fire while directly engaged in armed conflict, other than as a result of an act of an enemy of the United States, unless the wound is the result of willful misconduct of the member; before 25 Apr 62, while held as a prisoner of war (or while being taken captive) in the same manner as a former prisoner of war who is wounded on or after that date while held as a prisoner of war. 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. After 7 Dec 41, to a service member who is killed or dies while in captivity as a prisoner of war under circumstances establishing eligibility for the Prisoner of War Medal, unless compelling evidence is presented that shows that the member's death was not the result of enemy action. Examples of injuries or wounds which clearly do not justify award of the Purple Heart include: frostbite or trench foot injuries; heat stroke; food poisoning not ·caused by enemy agents; chemical, biological, or nuclear agents not released by the enemy; battle fatigue; disease not directly caused by enemy agents; accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action; self-inflicted wounds, except when in the heat of battle and not involving gross negligence; post-traumatic stress disorders; and/or jump injuries not caused by enemy action. The applicant did not provide a detailed personal account of the circumstances surrounding his injury. Documentation could not be located in the applicant’s official military personnel record, nor was any provided, to verify the applicant received medical attention for an injury that was caused by enemy action. The applicant's request is vague, leaving it difficult to determine exactly what the applicant is requesting the Purple Heart for, although it appears it is for frostbite. However, we located a prior request the applicant submitted in 2001 through congressional channels for award of the Purple Heart for frostbite. According to a congressional response letter dated, 2 Mar 11, the applicant's request for award of the Purple Heart for frostbite and post-traumatic stress disorder was submitted to the Purple Heart Review Board for consideration and was disapproved as frostbite and post-traumatic stress disorder do not qualify for award of the Purple Heart. The applicant submitted another request through congressional channels for award of the Purple Heart. According to congressional response letter dated, 27 Apr 11, the applicant provided "new evidence which was cumulative in nature and did not change the essential facts of the case." The applicant's request was already denied by the Purple Heart Review Board on the basis of the frostbite and post-traumatic stress disorder not being qualifying injuries for award of the Purple Heart; therefore, the applicant's request was not boarded again as it appears to be for the same issues. 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 11 Jun 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. 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) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. 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-2014-05057 in Executive Session on 11 Aug 15, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-05057 was considered: Exhibit A. DD Form 149, dated 10 Dec 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSID, dated 18 Apr 15. Exhibit D. Letter, SAF/MRBR, dated DD 11 Jun 15. 1 2