RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01116
INDEX CODE: 107.00; 129.04
COUNSEL: NONE
HEARING DESIRED: YES
MANDATORY COMPLETION DATE: 13 JULY 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. His rank of E-5 be reinstated.
2. He be paid VA benefits, retroactively.
3. He be awarded the Purple Heart (PH) medal.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He has been diagnosed with post-traumatic stress disorder (PTSD). He lost
his rank and was discharged early because of PTSD and states the rules
pertaining to PTSD awards and benefits need to be changed for all who
suffer.
In support of the application, the applicant submits copies of VA
documents, DD 214, and correspondence to and from his senator. The
applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty in the Air Force on 24 April 1968. He
was progressively promoted to the grade of Staff Sergeant effective and
with a date of rank of 1 August 1971.
On 6 December 1971, he received an Article 15 for leaving his appointed
place of duty and failing to have his hair cut to conform with AFM 35-10.
For this offense, he was reduced to the grade of sergeant and fined $80.00
for one month. On 16 December 1971, he submitted a statement in his behalf
appealing the punishment. The wing commander denied the applicant’s
request for appeal.
On 20 December 1971, he received an Article 15 for failing to go at the
time prescribed to his appointed place of duty. For this offense, he
reduced to the grade of airman first class.
On 17 March 1972, he was denied reenlistment and involuntarily discharged.
He was issued an honorable discharge certificate. He had served 3 years,
10 months and 24 days on active duty.
His report of medical examination for separation does not reflect diagnoses
of PTSD.
In a VA rating decision dated May 15, 2000, the applicant was granted 30
percent compensation for service-connected PTSD. In January 2001, his
compensation for PTSD was increased to 50 percent.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPPWB recommends denial of the applicant’s request for restoration
of rank to SSgt. DPPPWB opines that the demotion actions taken against the
applicant were procedurally correct and there is no evidence there were any
irregularities or that the case was mishandled.
The complete evaluation is at Exhibit C.
HQ AFPC/DPPPR recommends denial of the applicant’s request for the PH based
on the fact he is requesting the PH for a non-enemy action injury. DPPPR
states the PH is awarded for wounds or death as 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. DPPPR concludes there is no evidence in the applicant’s official
record or documentation provided to verify he was injured by enemy action.
The complete evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force Evaluation was forwarded to the applicant on 26 May
2006 for review and comment within 30 days. As of this date, this office
has received no response (Exhibit E).
_________________________________________________________________
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 probable error or injustice. We note the reasons discharge
proceedings were initiated against the applicant are well documented in the
record and no evidence has been presented that would lead us to believe his
discharge was improper or contrary to the provisions of the governing
directive. Therefore, we find no basis on which to grant his request for
restoration to the grade of E-5. Additionally, we are not persuaded he
should be awarded the PH medal as he has provided no documentary evidence
that would establish his entitlement to the award. In regards to his
request for retroactive payment of VA benefits, this is a matter outside
the purview of this Board.
_________________________________________________________________
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 this application in Executive
Session on 25 July 2006, under the provisions of AFI 36-2603:
Mr. James W. Russell III, Panel Chair
Ms. Janet I. Hassan, Member
Mr. Elwood C. Lewis III, Member
The following documentary evidence was considered in AFBCMR Docket Number
BC-2006-01116:
Exhibit A. DD Form 149, dated 4 Mar 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPW, dated 28 Apr 06.
Exhibit D. Letter, HQ AFPC/DPPPR dated 11 May 06.
Exhibit E. Letter, SAF/MRBR, dated 26 May 06.
JAMES W. RUSSELL III
Panel Chair
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