RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-00095
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
___________________________________________________________________
APPLICANT REQUESTS THAT:
1. He be awarded the Purple Heart (PH) with one Oak Leaf Cluster
(w/1 OLC).
2. He be awarded the Bronze Star (BSM) with one Oak Leaf Cluster
(w/1 OLC).
___________________________________________________________________
APPLICANT CONTENDS THAT:
He is entitled to be awarded the PH w/1 OLC and BSM w/1 OLC for his
heroic actions when he rescued two small children and then days
later saved an officer by pulling him from a field; both times were
in the mist of gun fire by the Congolese. He was injured in each
incident in the chest and leg, respectively. He was awarded these
medals a year and a half later; however, sometime later the Air
Force told him they were never in Belgian Congo and the medals were
taken.
In support of his request, the applicant provides a personal
statement, a copy of medical excerpts, a copy of ABW Form 7030, Certificate of Authorization for Access to Classified Information,
a copy of letter from the National personnel Records Center w/atch.
The applicant's complete submission, with attachments, is at
Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The applicant served in the Regular Air Force in the grade of staff
sergeant (E-5), having assumed that grade effective and with a date
of rank of 1 Oct 66. On 19 Jul 71, he was found medically
qualified for retirement. On 29 Feb 72, he retired after serving
20 years and 20 days on active duty.
In order to be awarded the BSM: Any person who, after 6 Dec 41,
while serving in any capacity with the Armed Forces of the United
States, distinguishes himself or herself by heroic or meritorious
achievement or service, not involving participation in aerial
flight, under any of the following circumstances: 1) While engaged
in an action against an enemy of the United States, 2) While
engaged in military operations involving conflict with an opposing
foreign force, and 3) While serving with friendly foreign forces
engaged in an armed conflict against an opposing armed force in
which the United States is not a belligerent party.
In order to be awarded the PH: You must have received wounds as a
direct result of enemy actions (i.e., gunshot or shrapnel wounds,
hand-tohand combat wounds, forced aircraft bail out injuries,
etc.). In addition, it is necessary that the wound required or
received treatment by medical personnel. Indirect injuries do not
meet the criteria for the award of the PH. These include, but are
not limited to, injuries received while seeking shelter from mortar
or rocket attacks, aircraft bombings, grenades, and injuries
incurred while serving as an aircraft member in a passenger status
as a result of the aircrafts evasive measures against hotile fire
or Post-Traumatic Stress Disorder.
___________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDR recommends denial. DPSIDR states the applicant does
not provide any documentation proving he was awarded the BSM w/1
OLC. DPSIDR also states that he does not meet the minimum criteria
for award of the PH. DPSIDR notes the Belgian Congo was not
considered to be an opposing armed enemy force of the United
States. Therefore, he is not be eligible for either award.
The DPSIDR 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 11 Sep 09 for review and comment within 30 days. As of this
date, this office has received no response.
___________________________________________________________________
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. After a
thorough review of the available evidence and applicants
complete submission, we find no evidence the applicants records
should be corrected to show he was awarded the PH w/1OLC or BSM
w/1OLC. As such, 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. The applicants
honorable service is noted. Regrettably, we do not find the
evidence submitted is sufficient to recommend granting the
requested relief.
_________________________________________________________________
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-2009-00095 in Executive Session on 24 Nov 09, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Dec 08, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIDR, dated 17 Aug 09.
Exhibit D. Letter, SAF/MRBR, dated 11 Sep 09.
Panel Chair
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