RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03265 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) Medal. ________________________________________________________________ APPLICANT CONTENDS THAT: On 21 November 2005, he was driving a 5-ton armored truck as part of a convoy. The convoy was conducting operations outside the city of Tikrit, Iraq. During these operations, the gun truck approached a privately owned vehicle (POV) traveling the same direction as the convoy. When the POV came within the 100 meters restricted area of the convoy, the gunner attempted to warn the vehicle to move out of the way by signing the vehicle out of the way with arm movements and shouting, along with showing his weapon. These steps are the rules of engagement convoy members are required to perform before acting against a possible “hostile actor.” The POV slowed down - however, it did not move far enough out of the way for the convoy, at which time the truck commander directed him to push the POV off the road. While shoving the POV off the road, the truck began to slide and he lost control of the vehicle resulting in the truck flipping over. He received a broken nose, a gash on his left elbow, and numerous minor injuries. In support of the applicant’s appeal he submits a personal statement, medical documentation and other documentation. 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 technical sergeant. 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 PH 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 remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. ________________________________________________________________ _ AIR FORCE EVALUATION: AFPC/DPSID recommends denial. DPSID states the applicant provided medical documentation stating he was treated for facial injury: fracture of nasal bones septal cartilage, dated 6 December 2005. However, no medical documentation from the time the injury occurred on 21 November 2005 was provided by the applicant or located within his official military personnel record. The applicant provided no eyewitness statements. The applicant's request was forwarded to the original award approval authority, United States Air Forces Central Command, in August 2013 for consideration. The applicant's request was disapproved by the United States Air Forces Central Command on 13 January 2014. 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 Medal. If the applicant elects, he may submit for a one-time reconsideration of United States Air Forces Central Command's decision. Should the applicant elect to submit for a one-time reconsideration, he must forward all required documentation to AFCENT/UDPUBoardTeamShaw@afcent.af.mil directly. If after the applicant submits for a one-time reconsideration to United States Air Forces Central Command and is denied a second time, only then will he have exhausted his administrative channels and can then submit a new DD Form 149 request for the Purple Heart. The DPSID complete evaluation is at Exhibit C. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 25 March 2014, a copy of the Air Force evaluation was forwarded to the applicant for review and response 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 timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. The applicant’s contentions are duly noted; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not exhausted his administrative avenues for relief. We advise the applicant to resubmit his one-time request for reconsideration for award of the PH Medal as outlined by the office of primary responsibility. However, should after exhausting his administrative avenue of relief, the applicant feel he is still a victim of an error or injustice, the applicant may resubmit his application to the Board for consideration. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of an 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-2013-03265 in Executive Session on 1 May 2014, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 26 June 2013, w/atchs. Exhibit B. Enlisted Performance Report. Exhibit C. Letter, AFPC/DPSID, dated 28 February 2014, w/atch. Exhibit D. Letter, SAF/MRBR, dated 25 March 2014. 1 2