RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-02013

					COUNSEL:  NONE

		HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal and the Air Force 
Combat Action Medal (AFCAM).


APPLICANT CONTENDS THAT:

He was denied the PH Medal and AFCAM due to the Casualty Report 
reading as a “non-hostile” casualty.  The Casualty Report has 
since been amended by the AFBCMR to read “hostile” and he should 
therefore be entitled to these medals.  According to DoDM 
1348.33-V3, the PH Medal is authorized as a result of any act of 
hostile foreign force and nowhere does the criteria state that 
vehicle accidents are disqualifying for the PH Medal.  As for 
the AFCAM, he has an AF IMT 77, Letter of Evaluation, in his 
records describing actions that meet the criteria for the AFCAM 
(e.g. deliberately go into the enemy’s domain (outside the wire) 
to conduct official duties and have come under enemy fire by 
lethal weapons while performing said duties and at the risk of 
grave danger.

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


STATEMENT OF FACTS:

The applicant is currently serving on active duty in the grade 
of Staff Sergeant (E-5).

The Air Force Form 77, Letter of Evaluation, provided by the 
applicant and covering the period 17 Jul 05 – 22 Nov 05 includes 
the following bullet in Section IV, Comments/Impact on Mission 
Accomplishment:  “-Injured in vehicle rollover; protected convoy 
from a vehicle that would not move over; saved 24 truck convoy”

On 15 Apr 13, the AFBCMR considered the applicant’s request that 
his records be corrected to reflect that the Casualty Status 
Report accomplished on 22 Nov 05 be amended in the Casualty Text 
Information section to reflect the Cause as “Hostile,” rather 
than “Non-hostile.”  By majority vote, the Board voted to deny 
the applicant’s request; however, after a thorough review of the 
facts and circumstances in the applicant’s case, the Secretary’s 
designee determined the applicant was the victim of an error or 
injustice and elected to adopt the rationale of the minority 
member of the Board and grant the requested relief.

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 Medal is awarded to any member 
of the Armed Forces, who while serving under competent authority 
in any capacity with the Armed Forces, after 5 April 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 enemy of the United States; in action with an 
opposing armed force of a foreign country in which the United 
States Armed Forces 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 or 
opposing armed forces; as the result of an act of any hostile 
foreign force; after 28 Mar 73, as a result of an international 
terrorist attack against the United States or a foreign nation 
friendly to the United States; after 28 Mar 73, as a result of 
military operations while serving outside the territory of the 
United States as part of a peacekeeping force; a Service member 
who is killed or wounded in action as the result of action by 
friendly weapon fire while directly engaged in armed conflict, 
other than as a result of an act of an enemy of the United 
States, unless the wound is the result of willful misconduct of 
the member.  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.  

As for his request for the AFCAM, the applicant’s request was 
forwarded to the award approval authority, United States Air 
Forces Central Command, for reconsideration on 13 Jun 14.  To 
date no decision has been made.  Once a decision is rendered, if 
it is not favorable, the applicant can submit his request to the 
Air Force Board for Correction of Military Records.  

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

USAFCENT/A1 recommends denial for award of the PH, indicating 
there is no evidence of an error or an injustice.  Disapproval 
is based on USAFCENT/SG’s determination, following a thorough 
review of the medical documentation available in the Theater 
Medical Data Server and/or Armed Forces Health Longitudinal 
Technology Application, that the injuries sustained do not meet 
criteria for award of the PH.  “Wounds due to motor vehicle 
mishaps, even if due to evasive maneuvers, do not meet criteria 
for award of the PH regardless of injuries sustained.”  The PH 
is an entitlement award based on injuries received as the result 
of an enemy action; additional follow-up medical documentation 
will be required for reconsideration of this submission.

A complete copy of the USAFCENT/A1 evaluation is at Exhibit D.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 18 Aug 14 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 regarding the 
applicant’s request for award of the PH.  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 
AFPC/DPSID and USAFCENT/A1 and adopt their rationale as the 
basis for our conclusion the applicant has not been the victim 
of an error of injustice.  Regarding the applicant’s request for 
award of the AFCAM, insufficient relevant evidence has been 
presented to demonstrate the existence of error or injustice.  
In this respect, we note this Board is the highest 
administrative level of appeal within the Air Force.  As such, 
an applicant must first exhaust all available avenues of 
administrative relief provided by existing law or regulations 
prior to seeking relief before this Board, as required by the 
governing Air Force Instruction.  The Air Force office of 
primary responsibility has reviewed this application and 
indicated there is an available avenue of administrative relief 
the applicant has not first pursued.  In view of this, we find 
this aspect of the applicant’s request is not ripe for 
adjudication at this level as there exists a subordinate level 
of appeal that has not first been depleted.  Therefore, in view 
of the above, we find no basis to recommend granting the relief 
sought in this application.


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-2014-02013 in Executive Session on 19 Feb 15, under 
the provisions of AFI 36-2603:

	
The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-02013 was considered:

	Exhibit A.  DD Form 149, dated 7 May 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSID, dated 7 Jul 14.
	Exhibit D.  Memorandum, USAFCENT/A1, dated 11 Jul 14
     Exhibit E.  Letter, SAF/MRBR, dated 18 Aug 14.