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 applicants 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 applicants 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 applicants
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
applicants 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 aircrafts 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 applicants
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
applicants 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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