RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05623
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 is entitled to the PH based on his combat-related injuries
sustained detaining an enemy prisoner while serving during
Operation IRAQI FREEDOM in 2003.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate he enlisted
in the Regular Air Force on 8 Aug 00.
The applicant served at Baghdad, Iraq, from 10 Jul 03 to
12 Sep 03.
On 30 Dec 03, the applicant was honorably discharged and was
credited with 3 years, 4 months, and 23 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/DPSI recommends denial, indicating there is no evidence of
an error or 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. However, the
documentation provided by the applicant does not indicate he was
recommended for or awarded the PH and his own statement
indicates he was not engaged in armed action against the enemy,
but was attempting to detain a prisoner who had attempted to
escape. The applicants injuries do not appear to meet the
criteria established for award of the PH in accordance with DoDM
1348.33. However, should the applicant choose to pursue the
award, the required documentation should be submitted for
consideration by the Purple Heart Review Board (PHRB).
A complete copy of the AFPC/DPSI evaluation, with attachments is
at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 24 Feb 13 for review and comment within 30 days.
As of this date, this office has received no response.
________________________________________________________________
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 that 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-2012-05623 in Executive Session on 19 Sep 13, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 Jun 12, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSI, dated 11 Feb 13, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 24 Feb 13.
Chair
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