RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2009-00095 

 COUNSEL: NONE 

 HEARING DESIRED: NOT INDICATED 

 

___________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

1. He be awarded the Purple Heart (PH) with one Oak Leaf Cluster 
(w/1 OLC). 

 

2. He be awarded the Bronze Star (BSM) with one Oak Leaf Cluster 
(w/1 OLC). 

 

___________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He is entitled to be awarded the PH w/1 OLC and BSM w/1 OLC for his 
heroic actions when he rescued two small children and then days 
later saved an officer by pulling him from a field; both times were 
in the mist of gun fire by the Congolese. He was injured in each 
incident in the chest and leg, respectively. He was awarded these 
medals a year and a half later; however, sometime later the Air 
Force told him they were never in Belgian Congo and the medals were 
taken. 

 

In support of his request, the applicant provides a personal 
statement, a copy of medical excerpts, a copy of ABW Form 7030, Certificate of Authorization for Access to Classified Information, 
a copy of letter from the National personnel Records Center w/atch. 

 

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

 

___________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant served in the Regular Air Force in the grade of staff 
sergeant (E-5), having assumed that grade effective and with a date 
of rank of 1 Oct 66. On 19 Jul 71, he was found medically 
qualified for retirement. On 29 Feb 72, he retired after serving 
20 years and 20 days on active duty. 

 

In order to be awarded the BSM: Any person who, after 6 Dec 41, 
while serving in any capacity with the Armed Forces of the United 
States, distinguishes himself or herself by heroic or meritorious 
achievement or service, not involving participation in aerial 
flight, under any of the following circumstances: 1) While engaged 
in an action against an enemy of the United States, 2) While 


engaged in military operations involving conflict with an opposing 
foreign force, and 3) 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. 

 

In order to be awarded the PH: You must have received wounds as a 
direct result of enemy actions (i.e., gunshot or shrapnel wounds, 
hand-tohand combat wounds, forced aircraft bail out injuries, 
etc.). In addition, it is necessary that the wound required or 
received treatment by medical personnel. Indirect injuries do not 
meet the criteria for the award of the PH. These include, but are 
not limited to, injuries received while seeking shelter from mortar 
or rocket attacks, aircraft bombings, grenades, and injuries 
incurred while serving as an aircraft member in a passenger status 
as a result of the aircraft’s evasive measures against hotile fire 
or Post-Traumatic Stress Disorder. 

 

___________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIDR recommends denial. DPSIDR states the applicant does 
not provide any documentation proving he was awarded the BSM w/1 
OLC. DPSIDR also states that he does not meet the minimum criteria 
for award of the PH. DPSIDR notes the Belgian Congo was not 
considered to be an opposing armed enemy force of the United 
States. Therefore, he is not be eligible for either award. 

 

The DPSIDR 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 Sep 09 for review and comment within 30 days. As of this 
date, this office has received no response. 

 

___________________________________________________________________ 

 

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. After a 
thorough review of the available evidence and applicant’s 
complete submission, we find no evidence the applicant’s records 
should be corrected to show he was awarded the PH w/1OLC or BSM 


w/1OLC. As such, we agree with the opinion and recommendation of 
the Air Force office of primary responsibility and adopt its 
rationale as the basis for our conclusion that the applicant has 
not been the victim of an error or injustice. The applicant’s 
honorable service is noted. Regrettably, we do not find the 
evidence submitted is sufficient to recommend granting the 
requested relief. 

 

_________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that the 
application was denied without a personal appearance; and that 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-2009-00095 in Executive Session on 24 Nov 09, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 20 Dec 08, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSIDR, dated 17 Aug 09. 

 Exhibit D. Letter, SAF/MRBR, dated 11 Sep 09. 

 

 

 

 Panel Chair