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AF | BCMR | CY2008 | BC-2008-01303
Original file (BC-2008-01303.doc) Auto-classification: Denied

                            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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