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AF | BCMR | CY2012 | BC 2012 03097
Original file (BC 2012 03097.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03097

		COUNSEL:  NONE

		HEARING DESIRED:  NO 


________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect he was awarded the Purple 
Heart (PH).

________________________________________________________________

APPLICANT CONTENDS THAT:

He was injured in the terrorist bomb blast in Saudi Arabia in 
1996.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant’s military personnel records indicate he enlisted 
in the Regular Air Force on 1 Mar 95.

On 30 Aug 96, the applicant was awarded the Air Force 
Achievement Medal (AFAM) for his stellar performance during 
Operation SOUTHERN WATCH and in the aftermath of the 25 Jun 96 
terrorist bombing of Khobar Towers while deployed to Saudi 
Arabia.

On 28 Apr 98, the applicant was honorably discharged and was 
credited with 3 years, 1 month, and 27 days of total active 
service. 

The remaining relevant facts pertaining to this application are 
described in the letter prepared by the Air Force office of 
primary responsibility, which is attached at Exhibit C.    

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSID recommends denial indicating there is no evidence of 
an error or an injustice.  The PH is awarded to members of the 
United States Armed Forces who have been wounded, killed, or who 
have died or may hereafter die of wounds received in action 
against an enemy of the United States or opposing force as a 
result of an act of any such enemy or opposing armed force, an 
international terrorist attack, or during military operations 
while serving as part of a peacekeeping force.  A wound for 
which the award is made must have required treatment, not merely 
examination, by a medical officer.  Additionally, treatment of 
the wound shall be documented in the service member’s medical 
and/or health record.

The Purple Heart Review Board (PHRB) has the authority (on 
behalf of the Secretary of the Air Force), to determine a 
veteran’s award of the PH.  After a thorough review of the 
applicant’s official military personnel record, the applicant’s 
record did not meet the criteria for the PHRB, as a detailed 
personal account and eyewitness statements were not provided.  
Although the applicant provided medical documentation, it was 
provided eight months after the injury occurred.  As a result, 
his case was not presented to the PHRB because of lack of 
evidence.  Additionally, the applicant’s AFAM is at odds with 
his claim of a severe injury.  His injury did not require 
medical treatment and appears was not reported to his chain of 
command.  

A complete copy of the AFPC/DPSID 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 27 Jan 14 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 applicant's 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 the evidence presented did not 
demonstrate the existence of material error or injustice; 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-2013-03097 in Executive Session on 17 Apr 14, under 
the provisions of AFI 36-2603:

	                    , Panel Chair
	                    , Member
	                    , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 20 Jun 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records
	Exhibit C.  Letter, AFPC/DPSID, dated 6 Jan 14.
	Exhibit D.  Letter, SAF/MRBR, dated 27 Jan 14.




                                   
                                   Panel Chair
                                   

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