RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01958 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect award of the Purple Heart (PH) medal. _________________________________________________________________ APPLICANT CONTENDS THAT: On 15 Jun 07, while on combat patrol in Iraq, his vehicle was struck by an Explosive Formed Projectile-type Improvised Explosive Device (IED). The vehicle was engulfed in flames and his door was crushed in. He was not able to exit the vehicle from his door. His hand was burned when he reached for his heated weapon. His trousers, neck, left nostril and hair were also burned. He was helped out of the vehicle. His Combat Action Medal recommendation covers all the pertinent information for that day. He was treated at a medical facility approximately 30 minutes after the attack. He was not concerned with his injuries, but that of his gunner. A medical technician took x-rays, dressed and bandaged his hand. He also had small lacerations to the back of his fingers from the blast; however, these wounds were not documented in his medical records. He later noticed other injuries that were not documented in his initial visit. The PH was the least of his concern at the time of the incident. He did not return to the clinic, but was treated by his First Sergeant (a civilian paramedic). He should have taken photos and ensured every injury/treatment was properly documented. Up until a year ago, he did not feel deserving of the PH, but realized he almost lost his life. His recommendation for the PH medal was disapproved on two occasions by the decorations board. The decisions to deny the PH were unjust due to the erroneous information submitted with the recommendation. In support of his request, the applicant submits copies of a support letter, emails, medical reports, decorations and photos. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving in the grade of master sergeant. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSIDR recommends denial. DPSIDR states the PH is awarded for wounds received as a direct result of enemy action (e.g. gunshot or shrapnel wounds, hand-to-hand combat wounds, forced aircraft bailout injuries, etc.). In addition, it is necessary that the wound required or received treatment by medical personnel. Indirect injuries do not meet the criteria for award of the PH. These include, but are not limited to, injuries received while seeking shelter from mortar or rocket attacks, aircraft bombings, grenades and injuries incurred while serving as an aircrew member or in a passenger status because of the aircraft’s evasive measures against hostile fire. DPSIDR states the medical documentation provided pertains to the burn injuries sustained by the applicant when grabbing a hot weapon. No other wounds are officially documented. DPSIDR notes the Air Forces Central command (COMCUSAFCENT) has authority on behalf of the Secretary of the Air Force to determine entitlement to the PH. The applicant’s case was boarded and disapproved by COMUSAFCENT on 12 Jul 07 and 2 Mar 09. The complete DPSIDR evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 17 Jun 11, for review and comment within 30 days. As of this date, this office has received no response (Exhibit C). _________________________________________________________________ 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 injustice. After a thorough review of this case, we found the information provided by the applicant to be persuasive and were convinced that his records should be corrected to show he was awarded the Purple Heart Medal. Our opinion has its basis in the fact that the applicant incurred his injuries after his vehicle was struck by an Explosive Formed Projectile-type Improvised Explosive Device (IED). In our estimation, given the circumstances of this case, we find it reasonable that his injuries were caused by the actions of enemies of the United States. Therefore, we strongly believe the applicant’s records should be corrected as indicated below _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 15 June 07, he was awarded the Purple Heart medal for injuries he received in Iraq during OPERATION Iraqi Freedom _________________________________________________________________ All members voted to correct the record. The following members of the Board considered this application in Executive Session on 8 Mar 12, under the provisions of AFI 36-2603: The following documentary evidence was considered in AFBCMR BC- 2011-01958: Exhibit A. DD Form 149, dated 24 May 11, w/atchs. Exhibit B. Letter, HQ AFPC/DPSIDR, dated 8 Jun 11. Exhibit C. Letter, SAF/MRB dated 17 Jun 11.