RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00220
INDEX CODE: 107.00
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) medal.
________________________________________________________________
APPLICANT CONTENDS THAT:
His records do not reflect the injury he received in combat.
In support of his request, the applicant provides a personal
statement, and a copy of his Standard Form 502, Narrative
Summary and his DD Form 214, Report of Separation From Active
Duty.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The available military personnel records indicate he enlisted in
the Regular Air Force on 6 May 1953 and was progressively
promoted to the grade of technical sergeant, having assumed that
grade, effective and with a date of rank of 1 April 1974. He
was honorably retired after serving 21 years, 6 months and
25 days.
According to the applicants available medical records, he
suffered a back injury on 30 December 1966 while bending down to
pick up a piece of lumber.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDR recommends denial. DPSIDR states there is no
official documentation within the applicants military records
indicating the applicant received an injury as a direct result
of enemy actions.
The PH Medal is awarded for wounds received as a direct result
of enemy actions (e.g. gunshot or shrapnel wounds, hand-to-hand
combat wounds, forced aircraft bailout injuries, etc.). It is
also necessary for the member to require or receive treatment by
medical personnel due to the wound or injury.
The complete 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 21 May 2010 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 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. We took
notice of the applicants 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 the
applicant has not been the victim of an error or injustice.
Therefore, in the absence of evidence to the contrary, 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
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-2010-00220 in Executive Session on 30 November 2010,
under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining to BC-2010-00220
was considered:
Exhibit A. DD Form 149, dated 14 Jan 09, w/atchs.
Exhibit B. Applicant's Available Personnel Records.
Exhibit C. Letter, AFPC/DPSIDR, dated 5 May 10.
Exhibit D. Letter, SAF/MRBR, dated 21 May 10.
Panel Chair
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