RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02150 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect award of the Purple Heart (PH). _________________________________________________________________ APPLICANT CONTENDS THAT: He was declined award of the PH without justification. He received wounds by an improvised explosive device (IED) that struck the vehicle he was in while on an official combat mission in Iraq. In accordance with Army Regulation 600-8-22, Military Awards, he meets the criteria for award of the PH due to the wounds he received in combat, i.e., traumatic brain injury (TBI), abrasions, and lacerations. In support of his request, the applicant provides copies of extracted medical records, eyewitness statements, an explanation of the incident, DD Form 214, Certificate of Release or Discharge from Active Duty, PH disapproval letter, Combat Action Medal certificate, a letter from his commander, and Department of Veterans Affairs (DVA) medical records. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant entered the Regular Air Force on 17 Feb 99 and was progressively promoted to grade of staff sergeant. On 3 Oct 08, USAFCENT/CC denied the applicant’s PH reconsideration request. USAFCENT was unable to provide a copy of the initial denial letter upon request. On 27 Jan 09, a Medical Evaluation Board diagnosed the applicant with post-traumatic stress disorder (PTSD) and referred him to the Informal Physical Evaluation Board. On 11 Feb 09, the IPEB found the applicant 50 percent disabled due to PTSD and recommended that his name be placed on the Temporary Disability Retired List for six months. The applicant concurred with the findings. On 26 May 09, the applicant was retired by reason of a temporary disability. In accordance with DoD 1348.33-M, Manual of Military Decorations and Awards, the PH is awarded to any member of the Armed Forces of the United States or any civilian national of the United States who, while serving under competent authority, in any capacity with one of the United States Armed Forces, after 5 April 1917, has been wounded, killed, or who has died or may hereafter die of wounds received under any of the following circumstances: in action against an enemy of the United States; in action with an opposing armed force of a foreign country in which the Armed Forces of the United States are or have been engaged; while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party; as a result of an act of any such enemy of opposing armed forces; as the result of an act of any hostile foreign force. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSIDR recommends denial. DPSIDR states that based on the documentation provided, they were unable to determine that the applicant’s injuries were a direct result of enemy action. USAFCENT denied the applicant’s request for the PH twice and based upon the medical documentation provided, they were unable to verify his entitlement. The complete HQ AFPC/DPSIDR evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant provided a response through his congressman and an individual response. He restates he does not know why he was denied the PH. His commander has attempted to obtain the denial rationale, without success. The vehicle in which he was traveling was completely destroyed by the IED. He and his team were released after a quick review and examination of their wounds. He was cut and bruised badly and received a concussion which caused his TBI. His wounds kept him from returning to duty in full readiness and accomplishing his duties in an effective manner. He states he did not seek as much medical attention as he should have because he did not want to be sent home or taken off the mission. He believes he is deserving of the PH and the denial is a slap in the face not only to him personally, but to the life he sacrificed and dedicated to serving his country. The medical documentation he supplied clearly shows that his injuries are in fact a “direct” result of the IED attack. The applicant's complete response, 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 timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice. We note the applicant has been medically retired due to injuries he received while performing duties in the Line of Duty. Further, his condition was identified as combat related due to injuries he sustained from hostile fire while deployed to Iraq. Thus, we believe any doubt concerning the applicant’s entitlement to the Purple Heart should be in his favor. Therefore, we recommend his records be corrected to the extent indicated below. Further, we extend our sincere gratitude for his selfless dedication and service to our country. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to that on 3 October 2008, he was awarded the Purple Heart for injuries sustained from hostile enemy fire while deployed in Iraq. _________________________________________________________________ The following members of the Board considered Docket Number BC- 2010-02150 in Executive Session on 5 October 2010, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence was considered for Docket Number BC-2010-02150: Exhibit A. DD Form 149, dated 28 Jun 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, HQ AFPC/DPSIDR, dated 28 Jul 10. Exhibit D. Letter, SAF/MRBR, dated 13 Aug 10. Exhibit E. Letter, Applicant, dated 3 Sep 10, w/atchs.