RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-01303
INDEX CODE: 107.00
COUNSEL: MILITAY ORDER OF THE
PURPLE HEART
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect award of the Purple Heart (PH)
Medal and Bronze Star Medal (BSM).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was beaten, humiliated, starved, tortured and stripped of rank for
trying to prevent a fellow service member's wife from being ganged
raped. He is now receiving a 100 percent disability rating from the
Department of Veterans Affairs (DVA) for his service connected
disabilities.
Applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 5 Mar 82, the applicant contracted his initial enlistment in the
Regular Air Force. He was progressively promoted to the grade of
airman having assumed the grade effective and with a date of rank of
17 Oct 82. He was discharged on 12 Apr 84, he served two years, one
month and two days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSIDR recommends denial. DPSIDR states the BSM is awarded to
a person in any branch of military service who, while serving in any
capacity with the Armed Force of the United States on or after 7 Dec
41, shall have distinguished himself by heroic or meritorious
achievement or service, not involving participation in aerial flight,
in connection with military operations against an armed enemy.
After a thorough review of his military records, DPSIDR was unable to
locate a recommendation for, or the special order awarding the BSM.
The applicant has not provided any documentation to substantiate award
of BSM.
To be awarded the PH, a service member must provide documentation to
support he was wounded as a direct result of enemy action and must
have received medical treatment by medical personnel. Indirect
injuries do not meet PH criteria. Indirect injuries include but are
not limited to diseases, exposure, injuries received while seeking
shelter from mortar or rocket attacks, aircraft bombings, grenades,
and injuries incurred while serving as an aircraft member or in a
passenger status as a result of the aircraft's evasive measures
against hostile fire.
A review of the applicant's submission, personnel and medical records
did not reflect any medical documentation or treatment of injuries
sustained as a direct result of enemy action. The applicant did not
provide a statement of how his injury was incurred or the date of the
injury.
AFPC/DPSIDR's complete 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
23 May 08, for review and response within 30 days. As of this date,
no response has been received by this office.
_________________________________________________________________
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 an 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 failed to sustain his burden
of proof of the existence of an error or injustice. Therefore, in the
absence of evidence to the contrary, we find no compelling basis to
recommend granting the relief sought in this application.
_________________________________________________________________
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-
2008-01303 in Executive Session on 8 Aug 08, under the provisions of
AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Josephine L. Davis, Member
Mr. Kurt R. LaFrance, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Apr 08.
Exhibit B. Applicant’s Master Military Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSIDR, dated 15 May 08.
Exhibit D. Letter, SAF/MRBR, dated 23 May 08.
THOMAS S. MARKIEWICZ
Chair
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