RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS. IN THE MATTER OF: DOCKET NUMBER: BC-2015-01743 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to reflect the award of the Purple Heart (PH) APPLICANT CONTENDS THAT: He was exposed to Agent Orange and had a broken left knee back in 1966. He also has Ischemic Heart Disease. These things resulted in a life time of suffering. He believes that because of the life time of pain and suffering, it was like he was in combat and should be awarded the PH. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 9 Jul 64, the applicant entered the Regular Air Force. On 8 Jul 68, the applicant was furnished an Honorable discharge, and was credited with four years of active service. The applicant’s DD Form 214 reflects 11 months and 24 days of Foreign Service and the following Air Force Medals and/or Ribbons: - Small Arms Expert Marksmanship Ribbon - National Defense Service Medal - Vietnam Service medal w/1 Bronze Service Star - Republic of Vietnam Campaign Medal - Air Force Good Conduct Medal 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. It is noted the request is not timely and there is no official documentation in the applicant’s record to verify he was recommended for or awarded the PH. 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 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 for award of the PH based on exposure to Agent Orange as well as Ischemic heart disease does not meet the criteria for consideration of the award of the PH After a thorough review of the applicant’s official military personnel record, they were unable to verify award of the PH. They could not locate a signed certificate, special order or any other official documentation, nor was any provided. The PH Review Board has the authority (on behalf of the Secretary of the Air Force), to determine a veteran’s award of the PH. 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 applicants request for award of the a PH for injuries to his knee was not submitted to the PH review board as it lacks a detailed personal account of how he was injured to include the date of injury, medical documentation from the date of injury and eyewitness statements. Additionally, it was determined the Air Force Medals and/or Ribbons listed below should have been awarded: - Presidential Unit Citation (PUC) - Air Force Outstanding Unit Award with two Bronze Oak Leaf Clusters (AFUA w/2BOLC) - Air Force Longevity Service Award (AFLSA) - Vietnam Service Medal with two Bronze Service Stars (VSM w/2BSS) - Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P) Upon the Board’s final 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 29 Oct 15 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: 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. The 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-2015-01743 in Executive Session on Thursday, 07 Jan 2016 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A.  DD Form 149, dated 22 Apr 15, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, AFPC/DPSID, dated 24 Aug 15. Exhibit D. Letter, SAF/MRBR, dated 29 Oct 15