RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03043 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH). APPLICANT CONTENDS THAT: He was denied the PH despite injuries received as a direct result of enemy action near Sather Air Base, Iraq. He deployed to Iraq between 28 Apr 07 and 30 Oct 07. On 15 Oct 07, enemy rockets hit just north of Runway 15R. He and three AFOSI Special Agents rendezvoused with Air Force Security Forces (SF) to survey the impact. After leaving the safety of their vehicles, they heard the distinctive sounds of inbound rockets. As he ducked for cover, he slammed to the ground and his leg was pierced by metal and his right knee and left shoulder were dislocated. The initial results of the attack left him dizzy, disoriented and bleeding from the leg. Upon returning to base, he was taken to the XXXXth Expeditionary Medical Squadron (EMEDS) for treatment. After being placed on a stretcher, he remembers the doctor saying “flush his leg out before he loses it”. X-rays revealed the metal had missed his tibia and fibula and he had a dislocated shoulder. While he was never MEDEVAC he served the rest of the deployment in pain. When he returned from deployment, he received additional X-rays and an MRI for his right leg and left shoulder. The tests revealed a torn labrum, Hill-Sachs lesion, and a Bankart lesion from his dislocated shoulder. He underwent several months of physical therapy for his leg and surgery for his left shoulder. Three additional injuries were discovered later, but are also likely related to the Oct 07 attack. The first was dental fractures. He had several dental surgeries to repair fractured teeth. The second was his right knee. An MRI showed a posterior medial meniscus tear and a partial posterior cruciate ligament (PCL) tear. The third injury involved his right wrist. An MRI revealed a torn triangular fibrocartilage complex and ulnar nerved dislocation requiring surgery. However, during the Oct 12 procedure, a scapholunate ligament tear was also identified. In support of his request, the applicant provided an endorsement memorandum from his commander, a summary of enemy action, two eyewitness accounts, a map detailing the attack location, a security forces blotter and copies of his medical and dental records. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant is currently serving in the Regular Air Force in the grade of major. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C and D. AIR FORCE EVALUATION: AFPC/DPSID recommends denial indicating there is no evidence of an error or an injustice. The PH is awarded to members of the United States Armed Forces who have been wounded, killed, or who have died or may hereafter die of wounds received in action against an enemy of the United States or opposing force as a result of an act of any such enemy or opposing armed force, an international terrorist attack or during military operations while serving as a part of a peacekeeping force. A wound for which the award is made must have required treatment, not merely examination, by a medical officer. Additionally, treatment of the wound shall be documented in the service member's medical and/or health record. Award of the Purple Heart may be made for wounds treated by a medical professional other than a medical officer, provided a medical officer includes a statement in the service member's medical record that the extent of the wounds were such that they would have required treatment by a medical officer if one had been available to treat them. The applicant recommendation for the award of the PH was forwarded to the original award approval authority, United States Air Forces Central Command, for consideration on 29 Dec 08. According to the original approval authority, the applicant’s request was disapproved as it did not meet the criteria. The applicant submitted a request for reconsideration on 12 Sep 11. The subsequent request was also disapproved by the United States Air Forces Central Command. According to the original award approval authority, the applicant’s request was disapproved as it did not meet the criteria for award of the PH. In addition, since the one-time request for reconsideration was submitted already, the awarding authority’s decision is final. Although it is unfortunate that the applicant was injured in the area of responsibility with nearby rocket attacks, the injuries the applicant received were not the direct result of the enemy as the PH criteria states. A complete copy of the AFPC/DPSID evaluation is at Exhibit C. SAF/MRBP recommends denial indicating there is no evidence of an error or an injustice. They reviewed the applicant’s records and supporting documentation and concur with AFPC/DPSID’s recommendation to deny the award of the PH. The applicant has twice applied to the United States Air Forces Central Command Decoration’s Board, which adjudicated his initial and reconsideration requests and denied the award of the PH. They found no evidence suggesting they failed to properly evaluate his request against the criteria for the PH in making their determination to deny the request. From the evidence provided, it appears the applicant did receive a leg and shoulder injuring while “ducking for cover” during an enemy rocket attack, but the injuries were not a result of the attack, but rather the terrain and surrounding debris that resulted in his injuries. A complete copy of the SAF/MRBP evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the SAF/MRBP and Air Force evaluation were forwarded to the applicant on 6 Feb 15 for review and comment within 30 days (Exhibit E). As of this date, no response has been received by this office. 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. We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force office of primary responsibility (OPR) and SAF/MRBP and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. 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-2014-03043 in Executive Session on 25 Jun 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining AFBCMR Docket Number BC-2014-03043 was considered: Exhibit A. DD Form 149, dated 16 Jun 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSID, dated 15 Oct 14. Exhibit D. Memorandum, SAF/MRBP, dated 14 Jan 15 Exhibit E. Letter, SAF/MRBR, dated 6 Feb 15.