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AF | BCMR | CY2010 | BC 2010 02783
Original file (BC 2010 02783.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-02783 

COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His records be corrected to show award of the Purple Heart (PH). 

 

_______________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

On 6 April 2001, while deployed on a mission, he was attacked and 
held hostage by a hostile foreign mob. He sustained injuries on 
a Stabilization Force (SFOR) Mission in Mostar, Boznia-
Herzogovina after being beaten and robbed of his weapons and 
equipment. He was recommended by his commanders for the PH; 
however, the paperwork was not processed properly at HQ USAFE. 
DODI 1348.33M authorizes awarding the PH for the circumstances in 
which he was injured. Based upon his AF Form 356, Findings and 
Recommended Disposition of USAF Physical Evaluation Board, dated 
8 December 2008, the Air Force found his injuries to be combat 
related due to combat trauma during the armed conflict. 

 

In support of his appeal, the applicant provides copies of his DD 
Form 214, Certificate of Release or Discharge From Active Duty; 
retirement orders, AF Form 356, AF Form 910, Enlisted Performance 
Report; his Joint Service Commendation Medal with order and 
recommendation, Recommendation for the PH, International Military 
Police Investigation Report, medical records, his Department of 
Veterans Affairs (DVA) disability rating, and news articles. 

 

The applicant’s complete submission, with attachments, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 23 January 1985, the applicant enlisted in the Regular Air 
Force and was progressively promoted to the grade of senior 
master sergeant. On 16 March 2009, he was placed on the 
temporary retired list (TDRL) after serving 24 years, 1 month and 
24 days on active duty. 

 

On 8 December 2008, a Formal Physical Evaluation Board (FPEB) 
found the applicant unfit for continued military service for Post 
Traumatic Stress Disorder (PTSD), Traumatic Brain Injury (TBI), 
and Alcohol Dependence. The FPEB subsequently recommended the 


applicant be placed on the TDRL with a disability rating of 70 
percent. The FPEB stated the applicant’s disability was due to 
the direct result of armed conflict, was caused by an 
instrumentality of war and incurred in line of duty during a 
period of war. 

 

The remaining relevant facts, extracted from the applicant’s 
military service records, are contained in the Air Force 
evaluation at Exhibit C. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIDR recommends denial. DPSIDR states the applicant was 
involved in a peacekeeping mission and not under hostile fire 
during non-wartime. 

 

On 10 December 2008, the Purple Heart Review Board considered the 
applicant’s request and it was disapproved. 

 

DPSIDR states the PH is awarded for wounds received as a direct 
result of enemy actions, (i.e., gunshot or shrapnel wounds, hand-
to-hand combat wounds, forced aircraft bailout injuries, etc.). 
In addition, it is necessary the wound required or received 
treatment by medical personnel. Indirect injuries do not meet 
the criteria for 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 aircrew member or in a passenger 
status because of the aircraft’s evasive measures against hostile 
fire. 

 

The complete DPSIDR evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

On 3 December 2010, a copy of the Air Force evaluation was 
forwarded to the applicant for review and comment within 30 days. 
As of this date, no response has been received by this office 
(Exhibit D). 

 

_________________________________________________________________ 

 

THE BOARD CONCLUDES THAT: 

 

1. The applicant has exhausted all remedies provided by existing 
law or regulations. 

 

2. The application was timely filed. 

 


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 the applicant’s 
complete submission, we find no evidence which would lead us to 
believe the applicant incurred an injury as a direct result of 
enemy action as required for award of the PH. Therefore, 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. While we appreciate and honor the 
applicant’s service to our country, we find no 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 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-2010-02783 in Executive Session on 24 February 2011, 
under the provisions of AFI 36-2603: 

 

Panel Chair 

Member 

Member 

 

The following documentary evidence was considered: 

 

Exhibit A. DD Form 149, dated 2 August 2010, w/atchs. 

Exhibit B. Applicant's Master Personnel Records. 

Exhibit C. Letter, AFPC/ DPSIDR, dated 15 November 2010. 

Exhibit D. Letter, SAF/MRBR, dated 3 Oct 10. 

  

 

 Panel Chair 

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