RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00220 INDEX CODE: 107.00 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) medal. ________________________________________________________________ APPLICANT CONTENDS THAT: His records do not reflect the injury he received in combat. In support of his request, the applicant provides a personal statement, and a copy of his Standard Form 502, Narrative Summary and his DD Form 214, Report of Separation From Active Duty. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The available military personnel records indicate he enlisted in the Regular Air Force on 6 May 1953 and was progressively promoted to the grade of technical sergeant, having assumed that grade, effective and with a date of rank of 1 April 1974. He was honorably retired after serving 21 years, 6 months and 25 days. According to the applicant’s available medical records, he suffered a back injury on 30 December 1966 while bending down to pick up a piece of lumber. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial. DPSIDR states there is no official documentation within the applicant’s military records indicating the applicant received an injury as a direct result of enemy actions. The PH Medal is awarded for wounds received as a direct result of enemy actions (e.g. gunshot or shrapnel wounds, hand-to-hand combat wounds, forced aircraft bailout injuries, etc.). It is also necessary for the member to require or receive treatment by medical personnel due to the wound or injury. The complete DPSIDR 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 21 May 2010 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 that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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-2010-00220 in Executive Session on 30 November 2010, under the provisions of AFI 36-2603: The following documentary evidence pertaining to BC-2010-00220 was considered: Exhibit A. DD Form 149, dated 14 Jan 09, w/atchs. Exhibit B. Applicant's Available Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 5 May 10. Exhibit D. Letter, SAF/MRBR, dated 21 May 10.