RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-02171

	COUNSEL:  NONE

	HEARING:  YES

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH).

APPLICANT CONTENDS THAT:

On 10 Jan 69, while assigned in Vietnam, he sustained injuries during a mortar attack.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant was discharged from the Air Force as a sergeant.  According to SF Form 600, Chronological Record of Medical Care, provided by the applicant, dated 10 Jan 69, he had multiple abrasions of arms and knees.

On 15 Oct 17, the applicant was notified that AFI 36-2603, AFBCMR, paragraph 4.7.3 requires that if an applicant has not exhausted all available administrative remedies, the application will be denied by the Board on that basis.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit D.

AIR FORCE EVALUATION:

AFPC/DP3SP recommends denying the application.  The applicant provided a detailed personal account of the circumstances surrounding his injuries; however, the medical documentation does not indicate the cause of the injury.  The package is incomplete, as the applicant did not provide an eyewitness statement attesting to the circumstances surrounding the injury.  

The applicant should have been awarded the Air Force Outstanding Unit Award with Valor (AFOUA w/V), the Vietnam Service Medal with four Bronze Service Stars (VSM w/4 BSS) and the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P) during his service from 2 Aug 65 to 2 Jun 69. Upon final board decision, administrative correction of the applicant's official military personnel record will be completed by AFPC/DP2STM.  The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 15 Feb 18 for comment (Exhibit E), and the applicant replied on 5 Mar 18.  In his response, the applicant contended he does not have access to records that will confirm the day’s events and does not believe it is reasonable to expect him to produce an eyewitness statement after all these years.  The applicant’s complete response is at Exhibit F.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed.

2.  The applicant did not exhaust all available avenues of non-judicial relief before applying to the Board.  The Board does not consider applications without documentation showing exhaustion of such avenues of relief.

3.  After thoroughly reviewing all Exhibits, the Board concludes the applicant’s failure to exhaust all available remedies renders any potential action by the Board premature.  In particular, the applicant has not presented his case to the Purple Heart Review Board, which would be able to review his case and, if warranted, provide relief.  Therefore, aside from the administrative corrections, the Board recommends against correcting the applicant’s records at this time.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to the Board’s understanding of the issues involved.

THE BOARD RECOMMENDS THAT:

The applicant be informed all available avenues of administrative relief have not been exhausted, and the application will only be reconsidered upon receipt of documentary evidence indicating that such avenues of administrative relief have been exhausted.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2017-02171 in Executive Session on 26 Jul 18:

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 21 Apr 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Failure to Exhaust Letter, dated 15 Oct 17.
Exhibit D:	Advisory opinion, AFPC/DP3SP, dated 22 Jan 18.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 15 Feb 18.
Exhibit F:	Applicant’s response, dated 5 Mar 18. 

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.