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.