AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 

 
DOCKET NUMBER:  BC-2012-00496 
COUNSEL:  NONE 
HEARING DESIRED: YES 

IN THE MATTER OF: 
   
    
 
________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
He be awarded the Silver Star (SS). 
 
________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
No actions were taken to award him the Silver Star. 
 
He  was  a  prisoner-of-war  (POW)  in  solitary  confinement  for  one 
and  one-half  years  and  has  trouble  dealing  with  his  military 
service because it was so traumatizing. 
 
In  support  of  his  request,  the  applicant  provides  a  copy  of  a 
letter from his brother requesting administrative relief for the 
SS and PH, dated 15 Feb 94. 
 
The  applicant’s  complete  submission,  with  attachment,  is  at 
Exhibit A.  
 
________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The applicant is a former member of the Regular Air Force, who 
served on active duty from 1 Jul 49 to 18 Dec 54. 
 
On  6  Jul  12,  the  applicant’s  request  for  award  of  the  Purple 
Heart (PH) was approved by the Purple Heart Review Board (PHRB) 
and his record is being administratively corrected. 
 
________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
AFPC/DPSI  recommends  denial,  noting  that  all  avenues  have  not 
been  exhausted  for  retroactive  request  of  the  award  and  the 
request  for  consideration  is  incomplete.    In  addition,  they 
noted  when  submitting  a  completed  package  the  following 
information  should  be  included:  1)  Eyewitness  statements 
attesting  to  the  act(s)  of  valor  or  service  performed,  sworn 
affidavits,  certificates,  and  any  other  related  documentation; 
2)  a  referral  by  a  Member  of  Congress  and  3)  a  proposed 
citation.  
 

The  SS  may  be  awarded  to  any  individual  while  serving  in  any 
capacity with the United States Armed Forces, who distinguishes 
himself  or  herself  by  gallantry  in  action  under  any  of  the 
following  circumstances:  While  engaged  in  an  action  against  an 
enemy of the United States; while 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.  The  required  gallantry,  while  of  a  lesser 
degree than that required for award of the Air Force Cross, must 
nevertheless have been performed with marked distinction.   
 
The complete 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  26  Feb  13  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.    We  note  the  OPR  advisory  comments 
concerning  the  requirements  of  Title  10,  United  States  Code, 
Section 1130 (10 U.S.C. § 1130), enacted as part of the Fiscal 
Year  1996  National  Defense  Authorization  Act.    However,  we  do 
not  agree  that  such  avenues  must  be  first  exhausted  prior  to 
seeking  relief  under  the  provisions  of  10  U.S.C.  §  1552.    The 
relief offered under 10 U.S.C. § 1130 is a statutory remedy, not 
administrative  relief.    Therefore,  principles  of  administrative 
law  requiring  exhaustion  of  administrative  remedies  are 
inapplicable here.  Moreover, as previously noted by this Board 
in  decisions  concerning  this  issue,  10  U.S.C.  §  1130  clearly 
states that, “Upon request of a Member of Congress…the Secretary 
shall  make  a  determination  as  to  the  merits  of  approving  the 
award…” – however, it does not require that an applicant must do 
so  prior  to  submitting  a  request  under  the  provisions  of 
10 U.S.C. § 1552.  Finally, we find the OPR's interpretation of 
10  U.S.C.  §  1130  contradicts  the  very  intent  of  Congress  in 
establishing  service  correction  boards  65  years  ago,  i.e.,  to 
remove their required involvement and avoid the continued use of 
private  relief  bills,  in  order  to  effect  such  corrections  to 
military records. 
 
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 error or injustice warranting award 
of  the  SS.    We  note  the  OPR  has  verified  the  applicant’s 
 

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entitlement  to  the  Purple  Heart  and  will  administratively 
correct his records accordingly.  As such, the only issue before 
us is his request for the SS.  In this regard, we note the 1994 
letter  from  the  applicant’s  brother  requesting  recognition  for 
his brother’s air combat service in Korea; however, it provides 
no narrative explanation or detailed account of his gallantry in 
action  to  warrant  awarding  this  prestigious  award  –  the  second 
highest decoration in the Armed Forces, just below the Medal of 
Honor. Therefore, based on the documentation before us, we find 
no basis to favorably consider his request for the SS. 
 
4.  The applicant's case is adequately documented and it has not 
been  shown  that  a  personal  appearance  with  or  without  counsel 
will materially add to our understanding of the issue involved.  
Therefore,  the  request  for  a  hearing  is  not  favorably 
considered. 
 
________________________________________________________________ 
 
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-2012-00496  in  Executive  Session  on  28  Mar  13,  under 
the provisions of AFI 36-2603: 
 
The following documentary evidence was considered: 
 
    Exhibit A.  DD Form 149, dated 25 Jan 12, w/atch.  
    Exhibit B.  Applicant's Master Personnel Records. 
    Exhibit C.  Letter, AFPC/DPSI, dated 13 Aug 12, w/atchs. 
    Exhibit D.  Letter, SAF/MRBR, dated 26 Feb 13. 
 
 
 
 
                                   Panel Chair 
 

 

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