RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03886

 						COUNSEL:  NONE

						HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

He be awarded the following medals:

	The Purple Heart (PH) Medal.

	The Air Force Combat Action Medal (AFCAM).

APPLICANT CONTENDS THAT:

During his 2006 deployment to Iraq, he was engaged with enemy forces on multiple occasions.  One of which followed all requirements for award of the AFCAM.  He was engaged in combat with enemy forces trying to set up a firing platform for rockets and mortar rounds only one mile away from the base perimeter.  His patrol came under fire by enemy combatants and he engaged with hostile forces firing his MK-19 weapon at them and neutralized the target.  

He met the criteria for the AFCAM but was deliberately denied the medal by his supervisor for personal reasons.  His supervisor also denied him the opportunity to seek higher leadership approval.  His home station supervisor believed only Noncommissioned Officers (NCOs) deserved any form of decoration and stated “No A1C will ever be awarded or put up to receive an AFCAM by me.”  As a result, he was denied the medal.  He has been seeking to have this injustice corrected but has found difficulty getting the AFCAM finalized and awarded by his previous unit.  He provides direct witness testimony from his desk sergeant who directed him to return fire to the enemy.  This statement provides verification of the attack and involvement in defending himself, his patrol and resources.

On the night of 20 April 2006 at Ali Base (Talil) during OPERATION IRAQI FREEDOM, he was assigned to Bravo Night Flight as a MK-19 (primary weapon) and a M-240M-240B heavy turret gunner patrolling sectors off base ranging from immediate to 20 miles out when his vehicle came under fire from a group of local enemy combatants.  He was posted as the primary turret gunner on one of two roaming five man patrols.  They were about 15 miles off-base when attacked.  The driver of his patrol attempted to reposition for cover and get advantage to return fire.  In doing so, he frantically drove over uneven terrain which propelled him out of the turret.  The two airmen riding below him managed to grab a hold of his legs and prevent him from falling completely out of the Humvee.  He was thrown backwards causing the right side of his forehead to slam into his mounted weapon.  He was wearing full combat gear to include a flack vest with plates and helmet along with knee and elbow pads.  His next memory is of being inside the medical facility on base almost an hour later.    

In support of his requests, the applicant provides a witness statement dated 15 August 2013 which states that on 9 May 2006 he was the Base Defense Operations Center (BDOC) controller when the applicant’s off-base patrol came under fire from enemy forces while conducting a zone check and listening/observation post one mile outside the base perimeter.  The applicant reported the attack via portable radio and was told to return fire.  He immediately returned fire and neutralized the enemy’s assault.  All mobile patrols were directed to initiate a sweep of their area of responsibility and a mobile patrol in an adjacent sector reported a vehicle fleeing the area of engagement and related it was driving erratically making several attempts to cross over the tank berm in the direction of the base perimeter.  The mobile patrols pursued the vehicle maintaining coverage of the base perimeter and ultimately caused it to abandon its objective and escape towards the Nasiriya, Iraq.  The quick actions of the applicant secured the base by neutralizing a threat while under fire.  His AFCAM is well over due.

He also provides an undated letter from the 50th Force Support Squadron, Chief Plans and Programs requesting the applicant be awarded the PH for injuries sustained while engaged in combat while serving at Ali Base, Iraq in 2006 during OPERATION IRAQI FREEDOM.  While assigned to Bravo Night Flight as a MK-19 and M-240/M-240B heavy turret gunner, patrolling sectors off base ranging from immediate to 20 miles out, his vehicle came under enemy fire.  He was posted as the primary turret gunner on one of two roaming five man Romeo Patrols.  They were about 15 miles off base when attacked.  The applicant was thrown backwards causing injury to the middle of his spine and he was thrown forward causing the right side of his forehead to slam into the mounted weapon causing him to be concussed.  Since the accident, the applicant has had progressing difficulty with memory, concentration, focus, emotions and the ability to perform simple military duties.  He has also been under therapeutic treatment for Post-Traumatic Stress disorder (PTSD) from combat and casualties of war events that he was involved in during his deployment to Iraq in 2006.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 29 December 2003 and was placed on the Temporary Disability Retired List (TDRL) effective 29 March 2014 in the grade of Staff Sergeant (SSgt, E-6).  He was credited with 10 years, 3 months and 1 day of active duty service.   

A Consultation Report from Landstuhl Regional Medical Center dated 18 May 2007 states the applicant was treated for lower thoracic and upper lumbar back pain and stiffness that occurred downrange.  

A Narrative Summary dated 17 April 2013, states the applicant started having lower back pain after an injury in Ali Iraq in April 2006 when thrown from a Humvee when crossing high-terrain.  He had lower back pain immediately and also had a Traumatic Brain Injury (TBI) which was being worked up by the Wounded Recovery Center (WRC).  The applicant was also seen at the Forward Operating Base (FOB) hospital at the time and again at Landstuhl, Germany.  

According to the AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board, dated 10 December 2013, the Informal Physical Evaluation Board (IPEB) recommended the applicant be placed on the TDRL with a combined compensable rating for physical disability of 60 percent for unfitting conditions of PTSD (combat related) and chronic mid-back pain (aggravated in a combat zone but not combat related).  It further states the applicant was diagnosed with PTSD that resulted from exposure to combat while deployed to Iraq.  The applicant reported combat operations involving the exchange of live fire, injury and death of both combatants and friendly forces.  The applicant also sustained a TBI in Iraq when his head struck his weapon and he hit his back on the turret of the Humvee.  He reported a brief loss of consciousness.  

Per Special Order Number ACD-00522 dated 17 December 2013, effective 29 March 2014, the applicant was placed on the TDRL with compensable percentage for physical disability of 60 percent.   

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.    

AIR FORCE EVALUATION:

AFPC/DP3SP recommends denial for award of the PH.  The request was not submitted in a timely manner.  DP3SP was unable to locate a signed certificate, special order or any other official documentation verifying he was recommended for or awarded the PH.  Although the applicant provided a detailed personal account for award of the PH and a verbatim eyewitness account, there was no medical documentation to indicate treatment of an injury due to an enemy action or eyewitness statements requesting award of the PH.  Therefore, DP3SP is unable to forward his request to the original approval authority for consideration.  

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 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.  

AFPC/DP3SP recommends denial for award of the AFCAM.  The application is not timely and the applicant has not provided any documentation to support his claim for award of the AFCAM; therefore, his request could not be forwarded to the original award approval authority, United States Air Forces Central Command, for consideration.  Although the applicant provides an eyewitness statement, the applicant did not provide a personal account of the incident.  In order for the applicant’s request to be reasonably considered by the original award approval authority, he must submit a detailed narrative of the single day event in which he is requesting award of the AFCAM and eyewitness statements.  The account must contain details on how the applicant was in grave danger (enemy action, fragmentation zone, type of enemy fire, blast radius, mounted/dismounted, proximity to weapons fire, damage to equipment or vehicles, and injuries sustained by the occupants in the vehicle).  Additionally, supporting documentation such as contingency deployment orders, finalized travel vouchers, decorations or letters of evaluation may also be submitted along with the detailed account.  

On 15 March 2007, the Secretary of the Air Force approved establishment of the AFCAM to recognize any military member of the Air Force who actively participated in combat (ground or air).  The principal eligibility criterion is that the individual must have been under direct and hostile fire while operating in unsecured space (outside the defended perimeter) and they come under enemy attack by lethal weapons while performing those duties and are at risk of grave danger or individuals defending the base (on the defended perimeter) and come under fire and engage the enemy with direct and lethal fire and are at risk of grave danger.  The AFCAM may be awarded for qualifying service from 11 September 2001 to a future date to be determined.  Upon establishment of this medal the Secretary of the Air Force delegated sole approval authority to the Commander, Air Force Forces in the particular combat area.  At a minimum, an award submission must include a narrative explanation of the circumstances on AF Form 3994, Recommendation for Decoration Deployment/Contingency Operation, date, time, location, event description and individuals present (limited to two pages) provided by an individual who witnessed or participated in the incident.  The award package is submitted to the individual’s commander who then submits it to the first colonel in the operational chain.  Both the commander and first colonel may return a submission as not supported.  Individuals wishing to appeal must do so through the officer who did not support the initial application to the next level in the chain of command for further consideration.  Each request for the AFCAM will be boarded as determined by the Commander, Air Force Forces.

A complete copy of the AFPC/DP3SP evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 31 May 2016 for review and comment within 30 days (Exhibit D).  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 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 we note the applicant contends his supervisor unjustly denied him award of the AFCAM; however, other than his own uncorroborated assertions, he has provided no evidence this to be the case.  Additionally, while we note the applicant has provided a statement in support of his request for the AFCAM, without a detailed personal account and other supporting documentation cited in the AFPC/DP3SP advisory, we are not convinced the evidence provided by the applicant in support of the AFCAM is sufficient for us to recommend granting relief.  However, should the applicant provide the documentation described in the advisory opinion, we would be willing to reconsider this aspect of his request based on new evidence.  With respect to the request for the PH, we note the applicant has not provided any medical documentation to indicate treatment of an injury due to an enemy action.   Accordingly, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not sustained his burden of proof that he has been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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-2015-03886 in Executive Session on 8 September 2016 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 17 June 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 8 April 2016.
	Exhibit D.  Letter, AFBCMR, dated 31 May 2016.