RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01402 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) Medal for wounds sustained as a direct result of an act of an opposing force. _________________________________________________________________ APPLICANT CONTENDS THAT: He received injuries as a direct result of an enemy Improvised Explosive Device (IED) on 8 January 2008, while conducting combat operations in Iraq. The armor of his vehicle was breached and the vehicle immediately became engulfed in fire and destroyed. He sustained a burn to his neck, partial hearing loss, left shoulder and right knee injuries. While in Iraq, the paperwork for the PH was submitted; and his unit has made numerous attempts to rectify the situation. While his unit felt that he should receive the PH, they were unable to accomplish it through Air Force channels. He has exhausted all means available and requests the Board examine the attached documentation to correct this mistake/injustice. In support of his request, the applicant provides a personal statement, extract copies of his medical records, AF IMT 348, Line of Duty Determination; a Letter of Appreciation, DD Form 1168, Statement of Suspect/Witness/Complaint; his Department of Veterans Affairs Rating, pictures of the accident and various other documents associated with his request. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant served in the Texas Air National Guard. On 2 October 2008, the applicant was awarded the Air Force Combat Action Medal for active participation in combat, having been under direct and hostile fire or physically engaging hostile forces with direct and lethal fire, in connection with military operations. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit B. 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 Apr 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: AFPC/DPSIDR recommends denial. DPSIDR states the applicant’s injuries were not a direct result of enemy action. The medical documentation indicates the injuries do not appear to support that the injuries sustained were directly cause by the IED but instead were caused secondary to the blast. After considering DOD 1348.33-M regarding the award of the PH and the medical documentation, DPSIDR is unable to verify the applicant’s entitlement to the award. USAFCENT denied the applicant’s request for the PH on 4 April 2008 and 17 September 2008. The complete DPSIDR evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: AR 600-8-22, Military Awards, states that justification for the PH includes injuries sustained as a result of a vehicle accident caused by enemy fire. The IED detonation and subsequent enemy contact created a very dynamic situation. During the heat of battle, no one had the luxury to call “timeout” or take notes to satisfy questions after the fact. He does not know if the explosion and following shockwave caused the injury or if it occurred during egress from the burning vehicle. Either way, the injuries are a direct result of an action by an enemy. He respectfully requests the Board examine the information and correct the error/injustice in his military records by awarding the PH. 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 warranting award of the Purple Heart (PH) medal. The applicant contends he should be awarded the PH based on injuries he received during hostile action, while actively participating in combat. In support of his appeal, the applicant provides a statement from the medical personnel who treated him in the field while exposed to hazardous conditions and direct hostile fire. We feel this corroborates his statement that he was injured as a result of direct hostile fire, by an enemy of the United States 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 show that on 8 January 2008, he was awarded the Purple Heart for injuries he sustained from hostile fire while deployed in Iraq. _________________________________________________________________ The following members of the Board considered Docket Number BC- 2010-01402 in Executive Session on 28 September 2010, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence pertaining to Docket Number BC- 2010-01402 was considered: Exhibit A. DD Form 149, dated 8 Apr 10, w/atchs. Exhibit B. Letter, HQ AFPC/DPSIDR, dated 12 May 10. Exhibit C. Letter, SAF/MRBR, dated 12 May 10. Exhibit D. Letter, Applicant, dated 3 Jun 10, w/atchs. AFBCMR BC-2010-01402 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 8 January 2008, he was awarded the Purple Heart for injuries he sustained from hostile fire while deployed in Iraq.