RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-00618 COUNSEL: NONE HEARING DESIRED: NO (APPLICANT) ________________________________________________________________ APPLICANT REQUESTS THAT: Her deceased spouse’s records be corrected to reflect award of the Purple Heart (PH) medal. ________________________________________________________________ APPLICANT CONTENDS THAT: Her late husband should receive the PH medal due to his death being related to Agent Orange exposure in Vietnam. His death was due to prostate cancer which is a presumptive condition for Agent Orange exposure. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 29 Jan 55, the service member commenced his enlistment in the Regular Air Force. He retired on 1 Mar 76 and was credited with 21 years, 1 month and 2 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 injustice. The request for the PH was not timely submitted. Furthermore, chemical, biological, or nuclear agents not released by the enemy, such as Agent Orange, do not meet the criteria for award for the PH. A review of the service member’s official military personnel records could not verify his eligibility for the PH medal. The PH Medal is awarded for wounds or death as a result of an act of any opposing armed force, as a result of an international terrorist attack or as a result of military operations while serving as part of a peacekeeping force. The PH is awarded for wounds received as a result of enemy actions. In addition, it is necessary the wound required or received treatment by medical personnel. Indirect injuries do not meet the criteria for award of the PH. A detailed personal account of the circumstances surrounding the injury is required, to include specifics as to how the injury occurred, exact date of injury, unit of assignment, and rank held at the time of the injury. If possible, an eyewitness account should be provided from individuals who saw the injury and can attest to the circumstances surrounding the personal account. Injuries or wounds that do not justify award of the PH medal 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 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. A review of the service member’s records revealed he was entitled to the Air Force Outstanding Unit Award with Valor and three Bronze Oak Leaf Clusters (AFOUA w/V& 3BOLC), the Vietnam Service Medal with three Bronze Service Stars (VSM w/3BSS), Korean Defense Service Medal (KDSM), Republic of Korea Presidential Unit Citation (ROKPUC), Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P). Upon final decision of the Board, the service member’s records will be administratively corrected to add these awards. 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 31 Jul 15 for review and comment within 30 days (Exhibit C). 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. While the applicant claims a date of discovery of less than three years ago, in our view, the reasonable date of discovery of the alleged error or injustice was more than three years ago and the application is therefore untimely. 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 that the former member has not been the victim of an error or injustice. The documentation provided by the applicant and the former member’s military records do not substantiate he had an injury that met the criteria for award of the Purple Heart medal. While we are mindful and appreciative of the former member’s service to his Nation, in the absence of evidence to the contrary we find no basis to recommend granting the relief sought in this application other than that granted 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-2015-00618 in Executive Session on 7 Oct 15, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-00618 was considered: Exhibit A. DD Form 149, dated 4 Feb 15, w/atchs. Exhibit B. Applicant's Master Personnel Records Exhibit C. Letter, AFPC/DPSID, dated 1 Jul 15. Exhibit D. Letter, SAF/MRBR, dated 31 Ju1 15.