RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-00147
INDEX CODE: 107
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY COMPLETION DATE: 22 JULY 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show he was awarded the Purple Heart (PH)
medal.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He should be awarded the PH for his injuries which occurred during
operations in Somalia.
In support of his request, the applicant submits a letter of support from
one of his flight crew members.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 26 Jul 99, the applicant was removed from the Temporary Disability
Retired List (TDRL) and honorably retired in the grade of technical
sergeant (E-6) with a compensable percentage of 50 percent for physical
disability. He had served 21 years, 7 months and 20 days of active duty
service.
The remaining relevant facts pertaining to this application, extracted from
the applicant’s military records, are contained in the letter prepared by
the appropriate office of the Air Force at Exhibit (C).
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPPR recommends denial. DPPPR states that to be awarded the PH,
documentation (i.e. a detailed account, eyewitness statements, and medical
documentation) must be provided to show the wounds were a direct result of
enemy action. DPPPR agrees the applicant’s injury was incurred in the line
of duty while on a combat mission; however, medical report states this was
an aircraft accident and not a direct result of enemy action.
DPPPR notes the Purple Heart Review Board (PHRB) disapproved the
applicant’s request on 26 Mar 07.
The complete DPPPR 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 6 Apr
07 for review and comment on within 30 days. As of this date, this office
has received no response (Exhibit D).
_________________________________________________________________
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 error or injustice. We took notice of the applicant’s
contention that he should be awarded the Purple Heart for injuries he
sustained during operations in Somalia; however, after a thorough review of
his submission and the supporting documentation provided, these documents
do not persuade us that he should be awarded the Purple Heart Medal. There
is no evidence that the wounds he alleges he sustained were a direct result
of enemy action. Therefore, we agree with the opinion and recommendation
of 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. While we appreciate and honor the applicant’s
service to his country, in view of the above, the applicant’s request is
not favorably considered.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of probable 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 Docket Number BC-2007-000147
in Executive Session in Executive Session on 5 June 2007, under the
provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Marcia Jane Bachman, Member
Ms. Mary C. Puckett, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 Jan 07, w/atchs.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPR, dated 28 Mar 07.
Exhibit D. Letter, SAF/MRBR, dated 6 Apr 07.
THOMAS S. MARKIEWICZ
Chair
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