RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02783 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show award of the Purple Heart (PH). _______________________________________________________________ APPLICANT CONTENDS THAT: On 6 April 2001, while deployed on a mission, he was attacked and held hostage by a hostile foreign mob. He sustained injuries on a Stabilization Force (SFOR) Mission in Mostar, Boznia- Herzogovina after being beaten and robbed of his weapons and equipment. He was recommended by his commanders for the PH; however, the paperwork was not processed properly at HQ USAFE. DODI 1348.33M authorizes awarding the PH for the circumstances in which he was injured. Based upon his AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board, dated 8 December 2008, the Air Force found his injuries to be combat related due to combat trauma during the armed conflict. In support of his appeal, the applicant provides copies of his DD Form 214, Certificate of Release or Discharge From Active Duty; retirement orders, AF Form 356, AF Form 910, Enlisted Performance Report; his Joint Service Commendation Medal with order and recommendation, Recommendation for the PH, International Military Police Investigation Report, medical records, his Department of Veterans Affairs (DVA) disability rating, and news articles. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 23 January 1985, the applicant enlisted in the Regular Air Force and was progressively promoted to the grade of senior master sergeant. On 16 March 2009, he was placed on the temporary retired list (TDRL) after serving 24 years, 1 month and 24 days on active duty. On 8 December 2008, a Formal Physical Evaluation Board (FPEB) found the applicant unfit for continued military service for Post Traumatic Stress Disorder (PTSD), Traumatic Brain Injury (TBI), and Alcohol Dependence. The FPEB subsequently recommended the applicant be placed on the TDRL with a disability rating of 70 percent. The FPEB stated the applicant’s disability was due to the direct result of armed conflict, was caused by an instrumentality of war and incurred in line of duty during a period of war. The remaining relevant facts, extracted from the applicant’s military service records, are contained in the Air Force evaluation at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial. DPSIDR states the applicant was involved in a peacekeeping mission and not under hostile fire during non-wartime. On 10 December 2008, the Purple Heart Review Board considered the applicant’s request and it was disapproved. DPSIDR states the PH is awarded for wounds received as a direct result of enemy actions, (i.e., gunshot or shrapnel wounds, hand- to-hand combat wounds, forced aircraft bailout injuries, etc.). In addition, it is necessary the wound required or received treatment by medical personnel. Indirect injuries do not meet the criteria for award of the PH. These include, but are not limited to, injuries received while seeking shelter from mortar or rocket attacks, aircraft bombings, grenades, and injuries incurred while serving as an aircrew member or in a passenger status because of the aircraft’s evasive measures against hostile fire. The complete DPSIDR evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 3 December 2010, a copy of the Air Force evaluation was forwarded to the applicant 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 timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. After a thorough review of the available evidence and the applicant’s complete submission, we find no evidence which would lead us to believe the applicant incurred an injury as a direct result of enemy action as required for award of the PH. Therefore, 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. While we appreciate and honor the applicant’s service to our country, 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 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-2010-02783 in Executive Session on 24 February 2011, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 2 August 2010, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/ DPSIDR, dated 15 November 2010. Exhibit D. Letter, SAF/MRBR, dated 3 Oct 10. Panel Chair