Boards.law.af.mil
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-02549
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His record be corrected to show he received the following awards:
1. The Purple Heart (PH)
2. The Combat Action Ribbon (CAR)
3. The Good Conduct Medal (GCM)
4. The Korean Defense Service Medal (KDSM)
5. The Korean War Service Medal (KWSM) (Entitlement verified – will be administratively corrected).
_________________________________________________________________
APPLICANT CONTENDS THAT:
The applicant’s contentions are unclear; therefore, the following was extracted from his letter to the VA.
His denial was not justified based on the fact that all his statements are true. His prisoner of war (POW) status was never documented because all of his records were lost. He served 57 days in Korea and his PTSD is absolutely connected to his combat assignments. He was a radio operator attached to many different divisions and his records were transferred four or five different times.
He received a wound during a bombardment of the area he was assigned in Taegu, Korea. In a letter dated 3 Nov 08, a doctor states he removed a piece of shrapnel from his right knee.
In support of the application, the applicant submits a letter from the VA, a personal statement to the VA, copies of a letter from a civilian physician, a medical report, a claim acknowledgement, a support letter (unsigned), his DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, and a newspaper article.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 1 Dec 48, the applicant enlisted in the Regular Air Force at the age of 18. On 29 Mar 50, he received a summary court-martial for being absent without leave from 2 Mar 50 to 27 Mar 50. For this offense, he was reduced to the grade of private, confined to hard labor for 30 days, and ordered to forfeit fifty dollars.
On 1 Sep 52, he was honorably discharged in the grade of airman second class, effective and with a date of 15 Jun 51. He served 3 years, 7 months and 12 days on active duty.
In a VA Rating Decision dated 27 May 09, his claim for compensation was denied for service-connection for healed scar, right knee (claimed as residuals of shrapnel wound); malaria, and PTSD because no corroborating documentation could be found in his records.
The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSIDR recommends denial.
DPSIDR states the PH is awarded for wounds received as a direct result of enemy action. In addition, the wound must have required or received treatment by medical personnel. Indirect injuries do not meet the criteria for award of the PH.
The CAR is awarded to members assigned with the US Army, US Navy or US Marine Corps. DPSIDR was unable to verify the applicant’s service with the aforementioned services; therefore, he is ineligible for this award.
The GCM is awarded to enlisted men who have honorably completed three (3) continuous years of active military service and recommended by their commanding officers for exemplary behavior, efficiency and fidelity. Service members awarded this medal must have had character and efficiency ratings of excellent or higher throughout the qualifying period and there must have been no convictions by court martial. The applicant’s record shows he was convicted by Summary Court Martial on 29 Sep 50; therefore, he is ineligible to receive the GCM.
The KDSM is awarded as recognition for military service in the Republic of Korea and the surrounding waters after 28 Jul 54 and ending on such a future date as determined by the Secretary of Defense. The applicant served on active duty from 1 Dec 48 to 2 Sep 52; therefore, he is ineligible to receive the KDSM.
The complete DPSIDR evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In a letter dated 27 Oct 09, the applicant states he understands the denial of his request for the CAR, GCM, and KDSM; however, he cannot understand denial of the PH. He reiterates many of his earlier contentions and states his wound was a direct attack by enemy fire. North Korean shells were being fired at him and a piece of exploding shell hit him in the right knee. The timeframe was between 25 and 27 Aug 50. The two people closest to him when he was hit was an army soldier (he knows only his last name) and the other a war correspondent, now deceased.
The applicant’s complete submission, with attachments, is at Exhibit E.
_________________________________________________________________
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 error or injustice regarding the applicant’s request for award of the PH, CAR, GCM, and KDSM. Based on our review of the evidence of record and the established award criteria, the applicant does not meet the established criteria and is therefore not eligible for the requested awards. In view of the above, we find no basis to favorably consider this portion of his application. 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 determination that relief beyond that already granted administratively is not warranted.
_________________________________________________________________
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 BC-2009-02549 in Executive Session on 20 Apr 10, under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Jul 09, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSIDR, dated 17 Sep 09.
Exhibit D. Letter, SAF/MRBR, dated 9 Oct 09.
Exhibit E. Letter, Applicant, dated 27 Oct 09.
................
................
In order to avoid copyright disputes, this page is only a partial summary.
To fulfill the demand for quickly locating and searching documents.
It is intelligent file search solution for home and business.