RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01371
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His official records be corrected to reflect that:
1. He was released from active duty due to Combat Related
Disabilities.
2. He was promoted to the rank of Technical Sergeant (E-6).
3. He was awarded the following awards and decorations:
a. The Army Good Conduct Medal (GCM) with three bronze
loops. (Already reflected on his DD Form 214, dated 3 Feb 61)
b. The United Nation Service Medal (UNSM)(Korea). (Already
reflected on his DD Form 214, dated 5 Feb 55)
c. The Korean Service Medal (KSM) (Already reflected on
his DD Form 214, dated 5 Feb 55).
d. The Republic of Korean Presidential Unit Citation
(RKPUC). (Already reflected on his DD214, dated 5 Feb 55)
e. The Armed Forces Expeditionary Medal (AFEM).
f. The Vietnam Service Medal (VSM).
g. The Air Force Commendation Medal (AFCM).
h. The Air Medal (AM).
i. The Presidential Unit Citation (PUC) with three Bronze
Oak Leaf Clusters (3BOLC).
j. The Purple Heart (PH) Medal.
k. The Senior Missile Badge.
l. The Senior Aircrew Member Badge.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was released from active duty on a medical discharge per the
recommendation from the Flight Surgeon due to combat-related
disabilities. He suffered an acute concussion and a separated
shoulder when he was run over by a taxi on the flight line.
Further, during a flight to Seoul, South Korea, his sinus
cavities were severely injured when the aircraft made a rapid
descent from 12,000 feet. He was hospitalized for a week with a
bloody nose and sinus injuries. Both his severe concussion and
nasal cavity problems were combat related.
He was promoted to Technical Sergeant, but was released before
the rank took effect.
His DD Form 214, Report of Separation from the Armed Forces of
the United States, is in error because it does not accurately
reflect the awards and decorations he earned during his Air
Force career. His DD Form 214 is missing the GCM with three
loops, UNSM, KSM with a Bronze Arrowhead and two BSSs, RKPUC,
AFEM, VSM, AFCM, AM, PUC with three BOLCs, PH Medal, Senior
Missile Badge, and Senior Air Crew Member Badge.
He received the AFCM from the Commandant of the Missile School
for receiving such high grades. The AM was presented to him in
Japan. He flew 28 combat missions and 55 combat support
missions, enough for two AMs. With the changes in the criteria
for award of the PH, he believes he qualifies for the PH for
both the concussion and the disabling nasal cavity injury.
In support of his appeal, the applicant provides an expanded
statement.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty on 6 Feb 51.
He was progressively promoted to the grade of Staff Sergeant
(E-5) on 1 Jun 55. He was Honorably discharged in said grade on
3 Feb 61 for convenience of the government and was credited with
9 years, 11 months, and 28 days of active service.
On 21 Jul 11, AFPC/DPSIDR notified the applicant the GCM w/3
Bronze Loops, the UNSM (Korea), the KSM, and the RKPUC are
already reflected on the two DD Form 214s in his record. In
addition, they were able to verify his entitlement to the Bronze
Arrowhead Device and Two Bronze Service Stars (BSS) for his
previously awarded KSM, the Korean War Service Medal (KWSM), and
the Air Force Outstanding Unit Award (AFOUA) with one BOLC. The
applicants records are being administratively corrected to add
one Bronze Arrowhead Device and 2BSS to his existing KSM, the
AFOUA w/1BOLC, and the KWSM.
However, AFPC/DPSIDR determined that he was not eligible for the
remaining requested awards. Under no conditions can personnel
receive the KSM and the AFEM for the same action. Therefore,
because he was awarded the KSM, he is not eligible for award of
the AFEM. As for his request for the VSM, a member must have
served at least 30 days in Thailand, Cambodia, or Vietnam
between 3 Jul 65 and 28 Mar 73 to be eligible; however, his date
of separation of 3 Mar 61 makes him ineligible for the VSM. As
for his request for the PUC, a review of his complete record
could not identify where any of the units he was assigned to
received the PUC during the period of time he served with the
unit. Therefore, he is not eligible for the PUC. As for his
request for the AFCM and AM, the applicant submitted no
documentation or evidence that he was ever officially awarded
the AFCM or the AM, and no citations, special orders or
certificates could be located in his official military record to
substantiate that he was awarded either the AFCM or AM. As for
his request for the PH Medal, a member must be injured by the
enemy or by direct result of enemy action. However, the
detailed justification he provided indicates he was not injured
by the enemy or as a direct result of enemy action. Therefore,
he is not eligible for award of the PH Medal.
The remaining relevant facts pertaining to this application are
described in the letters prepared by the Air Force offices of
primary responsibility (OPR) and AFBCMR Medical Consultant,
which are included at Exhibits C, D, and E.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOE recommends denial of the applicants request to
correct his records to reflect he attained the rank of TSgt,
indicating there is no evidence of an error or injustice. The
applicant contends he was promoted to TSgt, but he was released
from active duty before the rank took effect. The applicant was
promoted to the rank of SSgt with an effective date of 1 Jun 55.
He was discharged on 3 Feb 61 in the rank of SSgt. He never
pinned on and actually wore the rank of TSgt before his
discharge; therefore, he is not entitled to the rank. In
addition, the applicants request was not filed within the
three-year time limitation for AFBCMR applications. Finally,
the applicants request may also be dismissed under the
Equitable Doctrine of Laches, which denies relief to one who has
unreasonably and inexcusably delayed asserting his claim. The
applicant waited more than 50 years after his discharge to
petition the AFBCMR. Recommend denial based on his untimely
submittal, and because the applicant provides no official
documentation to support his contention.
A complete copy of the AFPC/DPSOE evaluation is at Exhibit C.
AFPC/DPSIMC recommends denial, indicting there is no evidence of
an error or injustice. On 15 Aug 11, the member was sent a
memorandum from AFPC/DPSIM requesting additional documentation
to substantiate his claim. He was asked to provide
documentation of training in the launching of land based nuclear
weapons, but did not provide supporting documentation. The Air
Force Missile Badge recognizes those commissioned officers of
the US Air Force (both Tactical and SAC ICBM) who have been
trained in the launching of land based nuclear weapons under the
direction of the National Command Authority. The Missile Badge
is awarded as a permanent decoration upon a service member's
graduation from missile operations or maintenance officer
training.
A complete copy of the AFPC/DPSIMC evaluation is at Exhibit D.
The AFBCMR Medical Consultant recommends denial of the
applicants requests for his medical conditions of a concussion
and a severely disabling nasal cavity to be designated as
combat-related, as well as for award of the PH. In order for
the applicant to receive a medical discharge, there must be an
illness or injury that precludes the reasonable performance of
the duties of the office, grade, rank, or rating that imposed a
dedicated risk to his health and well being as well as others,
if retained, or resulted in worldwide disqualification of a
sufficient duration and level of duty restriction, among other
determinants of unfitness. However, the evidence is
insufficient to reflect that either of these claimed conditions
rendered the applicant medically unfit at the time of his
release from military service on or about 3 Feb 61. In fact, no
evidence is provided to indicate the applicant received, or
should have received a medical discharge, as would be reflected
in service treatment records, narrative summaries, or imposed
physical profile restrictions. Nor is there evidence, e.g.,
witness statements from credible sources, flight reports,
accident reports, and service treatment records that
corroborates the applicants claim of sustaining injuries which
he believes qualifies him for the consideration for combat-
related disability. Moreover, the available evidence does not
reflect the applicant received, or should have received, a
Medical Evaluation Board and referral to a Physical Evaluation
Board for a disqualifying or unfitting medical condition.
Further, other than the applicants personal statements, no
evidence is supplied that reflects the applicant was unable to
reasonably perform his military duties at the time of his
release from military service nor is there evidence of
inadequate job performance caused by a medical condition. In
regard to a Department of Veterans Affairs (DVA) disability
rating, unlike the DVA, which offers compensation for any
medical condition determined to be service incurred [operating
under Title 38, U.S.C] without regard to its impact upon a
members fitness to serve or narrative reason for release from
service, the military Disability Evaluation System, operating
under Title 10, U.S.C., only offers compensation for and when
one or more medical conditions causes career termination; and
then based only to the degree of impairment present at the snap
shot time of final military disposition, and not upon future
occurrences. Thus, the mere presence of a medical condition
does not automatically render a member medically unfit for
continued military service or unable to complete a term of
enlistment. Pertaining to the request for the award of a purple
heart, the Medical Consultant found a lack of proof that his
injuries were caused by the enemy or were a direct result of
enemy action and a lack of documentation to substantiate medical
treatment was received; or a statement from a medical officer
attesting that an examination revealed that an injury of the
type incurred would or should have received medical treatment.
In summary, the applicant has not met the burden of proof of an
error or injustice to warrant the requested changes to the
record.
A complete copy of the AFBCMR Medical Consultants evaluation is
at Exhibit E.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In Feb 12, the applicant provided an expanded statement in which
he responds to several of the Air Force advisories, and provides
additional documentation. The very condition that the AFBCMR
Medical Consultant cites, Barotrauma, is exactly the condition
that he is rated 100% disabled for by the Department of Veterans
Affairs (DVA). He provides a letter from the DVA authorizing
his use of commissaries and exchanges which cites his
100 percent service-connected disability rating. In addition,
he was one of the first military personnel to receive the Air
Force Missile Badge, which was not restricted to officers at the
time. He was the lone Air Force Technical Inspector and
responsible for the Atlas D & E, plus he was the Project Manager
for all Titan One Technical Orders and Manuals. He filled a
majors position and had a nine-level qualification. He
provides multiple documents showing his completion of training
courses related to rockets, missiles, and missile maintenance; a
May 58 photograph he claims is of the group of the first
recipients of the AF Missile Badge; and, a 2004 Membership
Directory for the Association of Missileers reflecting his
last name as being associated with the Atlas ICMBs.
A complete copy of the applicants Feb 12 letter, with
attachments, is at Exhibit G.
On 2 May 12, the applicant provided another expanded statement
requesting his DD214 be changed to read Separation for Medical
Retirement. The basis for this request is that the DVA
assessed him to have a service-connected disability evaluated at
100 percent. He is entitled to the PUC with 2 BOLC for his time
with the 61st Troop Carrier Squadron, 314th Troop Carrier Group,
314th Troop Carrier Wing, Ashiya, Japan, in 1953-1954. He
received the AM after completing 28 Combat Missions and
55 combat support missions in Korea, in Combat Cargo. He should
be eligible for the PH for Barotrauma suffered in a mission to
K-16 Seoul during enemy bombing of that base. He also has been
rated as disabled for Post Traumatic Stress Disorder (PTSD). He
provides his DVA disability paperwork.
A complete copy of the applicants 2 May 12 letter, with
attachments, is at Exhibit H.
________________________________________________________________
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 regarding the
following requests made by the applicant:
a. The Purple Heart (PH) Medal, a medical disability
discharge, and having his service connected disabilities
designated as combat related. We took notice of the applicant's
complete submission, including his rebuttals, in judging the
merits of these requests; however, we agree with the opinion and
recommendation of the AFBCMR Medical Consultant and adopt his
rationale as the basis for our conclusion the applicant has not
been the victim of an error or injustice with regard to his
request to have his service connected disabilities designated as
combat related, a medical disability discharge, or for awarded
the PH.
b. Promotion to the grade of Technical Sergeant.
Regarding this request, we note the comments of AFPC/DPSOE
indicating the applicants records indicate he was discharged in
the rank of Staff Sergeant and the applicant has presented no
evidence whatsoever to indicate he was ever selected for
promotion or served in the higher grade. We agree with their
recommendation to deny this request and adopt the rationale
expressed as the basis for our determination that this requested
relief be denied.
c. Request for multiple awards and decorations. The
applicant requests entitlement to the Armed Forces Expeditionary
Medal (AFEM), Vietnam Service Medal (VSM), Air Force
Commendation Medal, Air Medal (AM), and the Presidential Unit
Citation with three bronze oak leaf clusters (PUC w/3BOLC).
Regarding these requests, we agree with the determination of
AFPC/DPSIDR that these requests should be denied and find the
evidence the applicant presented is insufficient to establish he
is qualified for these particular awards. We note that
AFPC/DPSIDR has determined the applicants record already
reflects his entitlement to the Army Good Conduct Medal (GCM)
with three bronze loops, the United Nations Service Medal
(Korea), Korean Service Medal (KSM), and Republic of Korea
Presidential Unit Citation (RKPUC). Therefore, no action is
required by this board in regard to these specific awards. In
addition, AFPC/DPSIDR was able to verify his entitlement to the
Bronze Arrowhead Device and two Bronze Service Stars (BSS) for
his previously awarded KSM, the Korean War Service Medal (KWSM),
and the Air Force Outstanding Unit Award with one BOLC (AFOUA
w/1BOLC) and has corrected his records administratively.
d. Senior aircrew member badge. We note the senior
aircrew badge is awarded for achieving the 7-level qualification
or for cumulative flight hours. However, the applicants
records indicate the highest level he served in was the 5-level
in AFSC 43151B and he has submitted no evidence to establish
that he achieved the requisite skill level in his AFSC or
accumulated sufficient flying hours to qualify for award of the
senior aircrew member badge. Therefore, in the absence of
evidence to the contrary, we find no basis to recommend granting
this specific request.
4. Notwithstanding the above, sufficient relevant evidence has
been presented to demonstrate the applicant qualifies for award
of the senior missile badge. We note the comments of AFPC/DPSIM
indicating there is no evidence the applicant met the criteria
for the badge; however, in view of the documentation provided by
the applicant in response to the AFPC/DPSIM evaluation, we are
convinced that a preponderance of the evidence indicates the
applicant was indeed qualified for award of the senior missile
maintenance badge and therefore believe it appropriate to
resolve any doubt in the applicants favor in this respect and
recommend his records be corrected as indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to the APPLICANT be corrected to show he was
awarded the Air Force Senior Missile Badge.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-01371 in Executive Session on 20 Nov 12, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Mar 11, w/atch
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIMC, dated 28 Sep 11.
Exhibit D. Letter, AFPC/DPSOE, dated 3 Oct 11.
Exhibit E. Letter, AFBCMR Medical Consultant,
dated 23 Nov 11.
Exhibit F. Letter, SAF/MRBR, dated 30 Nov 11.
Exhibit G. Letter, Applicant, dated 6 Feb 12, w/atchs.
Exhibit H. Letter, Applicant, dated 2 May 12, w/atchs.
Exhibit I. Letter, Applicant, dated 23 Jun 12.
Panel Chair
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