RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:		DOCKET NUMBER:  BC-2012-05623

			COUNSEL:  NONE

			HEARING DESIRED:  NO


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APPLICANT REQUESTS THAT:

His records be corrected to reflect he was awarded the Purple 
Heart (PH).  

________________________________________________________________

APPLICANT CONTENDS THAT:

He is entitled to the PH based on his combat-related injuries 
sustained detaining an enemy prisoner while serving during 
Operation IRAQI FREEDOM in 2003. 

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant’s military personnel records indicate he enlisted 
in the Regular Air Force on 8 Aug 00.  

The applicant served at Baghdad, Iraq, from 10 Jul 03 to 
12 Sep 03.

On 30 Dec 03, the applicant was honorably discharged and was 
credited with 3 years, 4 months, and 23 days of total active 
service. 

The remaining relevant facts pertaining to this application are 
described in the letter prepared by the Air Force office of 
primary responsibility which is attached at Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPSI recommends denial, indicating there is no evidence of 
an error or injustice.  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 part of a peacekeeping force.  However, the 
documentation provided by the applicant does not indicate he was 
recommended for or awarded the PH and his own statement 
indicates he was not engaged in armed action against the enemy, 
but was attempting to detain a prisoner who had attempted to 
escape.  The applicant’s injuries do not appear to meet the 
criteria established for award of the PH in accordance with DoDM 
1348.33.  However, should the applicant choose to pursue the 
award, the required documentation should be submitted for 
consideration by the Purple Heart Review Board (PHRB).

A complete copy of the AFPC/DPSI evaluation, with attachments is 
at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 24 Feb 13 for review and comment within 30 days.  
As of this date, this office has received no response.

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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 
and adopt its rationale as the basis for our conclusion that the 
applicant has not been the victim of an error or injustice.  
Therefore, in the absence of evidence to the contrary, we find 
no basis to recommend granting the relief sought in this 
application.

________________________________________________________________

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-2012-05623 in Executive Session on 19 Sep 13, under 
the provisions of AFI 36-2603:

	

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 6 Jun 12, w/atch.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSI, dated 11 Feb 13, w/atchs.
     Exhibit D.  Letter, SAF/MRBR, dated 24 Feb 13.




                                   
                                   Chair