RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-02771 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His records be corrected to reflect: 

 

1. He was awarded the Silver Star (SS) and Purple Heart (PH) 
medals. 

 

2. Block 29, Wounds received as a result of enemy action, of 
his DD Form 214, Report of Separation from the Armed Forces of 
the United States, be amended to reflect the injuries he 
sustained in Korea in 1953. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

In May 1953, he was stationed in Korea and sustained combat 
injuries while working on communications on Heartbreak Ridge. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant’s DD Form 214 reflects he commenced his enlistment 
in the Air Force on 14 Jul 51 and was released on 13 Jul 55. He 
served as an Aircraft Radio Repairman. He was credited with 
4 years of active service, which includes 11 months and 9 days 
of foreign service. Block 29 of the DD Form 214 indicates the 
applicant did not receive any injuries as a result of enemy 
action. 

 

In accordance with Army Regulation (AR) 600-45, Decorations, 
dated 22 Sep 43, during the period in question, the PH was 
awarded for wounds received in action against an enemy of the 
United States, or as a direct result of an act of such enemy, 
provided such wound necessitated treatment by a medical officer. 
For the purpose of awarding the PH, a wound was defined as an 
injury to any part of the body from an outside force, element, 


or agent, sustained as the result of a hostile act of the enemy, 
or while in action in the face of the enemy. When a person 
eligible for award of the PH was treated for a wound, the 
commanding officer of the hospital, or the medical officer who 
treated the wound, furnished the commanding officer of the 
wounded person a certificate briefly describing the nature of 
the wound, and certifying the necessity of treatment. In 
addition, a wounded soldier’s unsupported statement could be 
accepted in unusual or extenuating circumstances when, in the 
opinion of the officer making the award, no corroborative 
evidence was obtainable. However, the statement would be 
substantiated if possible. 

 

The remaining relevant facts pertaining to this application are 
described in the letters prepared by the Air Force offices of 
primary which are attached at Exhibits C and D. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPS recommends denial of the applicant’s request for the 
Silver Star (SS), indicating there is no error or an injustice 
and the applicant’s entitlement to the SS could not be verified. 
The SS is awarded to service members who served with the United 
States (US) Armed Forces, who distinguished themselves while 
engaged in action against the enemy of the US, engaged in 
military operations involving conflict with an opposing foreign 
force; or while serving with friendly foreign forces engaged in 
an armed conflict against an opposing armed force in which is 
not a belligerent party. However, retirees and veterans may 
pursue award of the SS under the provisions of Title 10, Section 
1130, United States Code. The law allows for submission of 
award recommendations (and the upgrading of previously approved 
awards) without regard to any previously imposed time 
constraints for submission if referred by a Member of Congress. 
The requests must be referred to the Secretary of the Air Force 
by a Member of Congress through the Secretary of the Air Force 
Liaison Office. In order for a request to be reasonably 
considered under the provision of this law, the following award 
package must contain a reconstructed award recommendation, a 
narrative citation of the action(s) for which the airman is 
being recognized and eyewitness statements attesting to the 
act(s) of valor or service performed, sworn affidavits, 
certificates, and any other related documentation. As for his 
request for award of the PH medal, there was no medical 
documentation to substantiate the applicant was injured or was 
treated for an injury as the result of enemy action and the 
Purple Heart Review Board (PHRB) disapproved the applicant’s 
request for award of the PH Medal. 

 

A complete copy of the AFPC/DPS evaluation is at Exhibit C. 

 


AFPC/DPSOR recommends denial indicating there is no evidence of 
an error or injustice with respect to the applicant’s request to 
correct his DD Form 214 to reflect he received wounds as the 
result of enemy action. While a review of the applicant’s 
medical records revealed he had an operation on his nose at 
Andrews AFB, there is no documentation to substantiate where and 
how the injury occurred and if the injury incurred as the result 
of enemy action. 

 

A complete copy of the AFPC/DPSOR evaluation is at Exhibit D. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

During a mortar attack he sustained lacerations on his face, 
cheek, a broken nose and was knocked unconscious. There was no 
medical help in the field. Upon returning to the base he found 
a medic who gave him some pills for the pain. He walked around 
for weeks with a swollen face and broken nose. He finally had 
nose surgery while stationed at Andrews AFB. 

 

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

 

________________________________________________________________ 

 

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. While the 
applicant contends he should have been awarded the Silver Star, 
other than his own uncorroborated assertions, he has provided no 
evidence whatsoever to indicate that he was recommended for, or 
should have been awarded, the Silver Star. As for his requests 
related to the Purple Heart (PH) Medal and corrections to his DD 
Form 214 to reflect he was subjected to enemy action, we do not 
find the evidence presented sufficient to conclude he is the 
victim of an error or injustice in this regard. While the 
applicant has provided copies of correspondence from the 
Department of Veterans Affairs (DVA) relating to his combined 
disability rating, said correspondence does not even describe 
these disabilities, let alone indicate to us whether or not they 
could have been incurred at the hands of the enemy. While we 
are not unmindful or unappreciative of the applicant’s service 
to our Nation, 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-2012-02771 in Executive Session on 14 May 13, under 
the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 22 May 12, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPS, dated 3 Nov 12, w/atchs. 

 Exhibit D. Letter, AFPC/DPSOR, dated 5 Apr 13. 

 Exhibit E. Letter, SAF/MRBR, dated 14 Apr 13. 

 Exhibit F. Letter, Applicant, dated 23 Apr 13, w/atchs. 

 

 

 

 

 

 Panel Chair