RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00359
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED: YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart Medal (PHM)  for  wounds  sustained  in
Afghanistan during Operation Enduring Freedom (OEF).

_________________________________________________________________

APPLICANT CONTENDS THAT:

In March 2004, he was tasked  by  the  Air  Force  Special  Operations
Command (AFSOC) and the Combined Joint Special Operations  Task  Force
(CJOSTF), under the auspices of Air  Force  Joint  Instruction  15-157
(AFJI  15-157),  to   gather   weather   intelligence   near   Gardez,
Afghanistan.  He was operating as a Special  Operations  Weather  Team
(SOWT) member and was forward deployed with Special Forces teams.

On 23 March 2004, a US Army (USA) Explosive Ordinance Demolition (EOD)
team was conducting demolition operations of captured enemy munitions.
 The nights prior  to  the  destruction,  the  munitions  were  stored
outside the US-controlled Gardez Firebase thus not under  the  control
of US Forces and open to potential  enemy  tampering.   The  EOD  team
consisted of two American’s  and  a  contingent  of  Afghani  military
trainees as well as the applicant and two  other  Americans.   He  was
responsible for acting as a security  element  and  assisting  in  the
inventorying of the enemy weapons along with his regular collection of
weather data.  The weapons included multiple warheads, rockets, random
explosive devices, and lithium batteries.  The  weapons  were  stacked
into a pile by the Afghan trainees and EOD personnel affixed 50 pounds
of C-4 plastic explosives to the pile.  Somehow, a portion of the pile
exploded unexpectedly prior to all personnel departing  the  munitions
area.  Four Afghans were killed, many more  personnel,  including  the
applicant were severely injured.

The Army EOD personnel and an attending Army major from  the  Oklahoma
Army National Guard  were  presented  PHM’s  with  the  award  clearly
stating the PHM was awarded for “…wounds  received  in  action”.   The
injuries  he  sustained  to  his  legs  were  extensive  and  included
tibia/fibula open leg fractures with multiple shrapnel and burn  sites
on his right leg.  His left leg sustained greater damage that included
a large portion of his tibia  and  fibula  was  destroyed  along  with
additional damage to soft tissue.  His left leg  was  treated  with  a
titanium rod while his right leg was treated with large bone and  skin
grafts.  He also ruptured his left eardrum.  He  was  in  Walter  Reed
Army  Medical  Center  (WRAMC)  for   three   months   and   underwent
approximately 20 surgeries.  He is still recovering from  his  wounds.
As the only member of the Air Force present at the blast scene, he was
denied the PHM by US Air Forces, US Central Command (CENTAF).

While  in  WRAMC,  he  spoke  with  then  Deputy   Defense   Secretary
(DEPSECDEF) Wolfowitz that generated an inquiry to  the  Secretary  of
the Air Force (SECAF).  He was notified  by  memorandum  that  he  was
denied award of the PHM based on information  that  noted  his  wounds
were accidental in nature and not due to enemy action.  The memorandum
cited Department of Defense Manual (DOD)  1348.33M  as  the  governing
regulation yet quotes material from  Army  Regulation  (AR)  600-8-22,
which is not the governing regulation for Air Force  personnel.   This
fact alone shows confusion at the highest levels of the Air  Force  on
how to make a determination for award of the PHM.

The  governing  regulation  for  Air  Force  personnel  is  Air  Force
Instruction (AFI)  36-2803.   AFI  36-2803  cites  DOD  1348.33M  when
explaining award of the PHM.  He feels he fits the criteria listed  as
he was wounded in action during a combat mission by  enemy  munitions.
The memorandum’s contention the wounding was accidental is  in  direct
contradiction to the findings of a subsequent Army investigation  that
documented the cause of the explosion as unknown.  Even had  the  Army
investigation  found  the  official  reason  for  the   explosion   as
accidental and not unknown, the word “accident” does not appear  as  a
disqualifying element for award of the PHM within the  governing  AFI,
the governing AR, the  DOD  cited  in  both  regulations,  or  in  any
Executive Order.

While  the  Army  investigation  included  speculation  that  improper
handling of lithium  batteries  by  the  Afghan  National  Army  (ANA)
trainees could account for the detonation, the cause of the blast  was
never determined.  Even though the scope of  the  investigation  never
considered enemy action as a possible  cause,  the  fact  remains  the
mission was a combat mission, in a combat zone,  and  dealt  with  the
disabling of enemy weapons.  He notes the presence of 50 caliber heavy
machine gun cover as well as an armored  vehicle  and  other  security
elements indicating that security was a  concern  during  this  combat
operation.  His conundrum was further exacerbated  by  subsequent  DOD
and DOD-related news articles inaccurately misclassifying the event as
accidental when the Army investigation  clearly  listed  the  official
cause as unknown.

Calls to the Air Force Personnel Center (AFPC) indicated the Air Force
indeed used AFI 36-2803 and DOD 1348.33M for determination of award of
the PHM.  However, during these conversations, he was told the AF also
used an “in house sheet” that included additional criteria not  listed
in the AFI.  Further, he found USCENTAF used a decoration  guide  book
that also offered guidance not found in either the AFI or the DOD.  He
feels the misuse of additional criteria not listed in official sources
and the apparent misuse of AR-600-8-22 as a means to deny him the  PHM
is especially disturbing.  The memo from SECAF  not  only  incorrectly
used the AR as a means to deny him the PHM it also misinterpreted  the
AR as noted by the Army personnel being awarded the PHM in  accordance
with AR-600-8-22.

He has come to  the  conclusion  over  the  past  months  that  CENTAF
considered him at a “down range” location where he didn’t belong.   He
was the second of  two  airmen  CENTAF  considered  wounded  while  in
circumstances they should not have been in.  He notes the first airman
was finally awarded a PHM.  The facts  are  that  as  a  member  of  a
Special Operations Weather Team, his mission  involved  deployment  to
forward, down range hostile locations and that he was ordered  to  the
location in question.

His commander has  made  several  inquiries  as  to  why  he  has  not
qualified for award of the PHM; all to no avail.

In support of his  appeal,  the  applicant  has  provided  a  personal
statement with several attachments.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Massachusetts Air National Guard on  (MAANG)
16 August  1990  as  a  weather  specialist.   On  9  July  1993,   he
transferred to the Michigan ANG (MIANG) as a weather observer.  He was
progressively promoted to the grade of master sergeant with a date  of
rank of 1  January  2002.   On  24  March  2004,  while  stationed  in
Afghanistan in support of Operation Enduring  Freedom  (OEF),  he  was
injured  by  an  unexpected  explosion  of  enemy   ordinance   during
preparation for a controlled demolition of  said  ordinance.   He  was
evacuated to Bagram Air Base and then to Landstuhl Medical  Center  in
Germany.  He was later sent to WRAMC for further recovery.

On 24 March 2004, an Army officer  was  assigned  to  investigate  the
incident to determine its cause and to make recommendations for future
demolitions.  He submitted his report on 4  April  2004.   The  report
noted that the preponderance of  the  evidence  suggested  an  unknown
cause for the explosion that occurred on 23 March 2004.  However,  the
report indicated that, while not conclusive, the  most  likely  reason
for the premature explosion was the disposal of improperly  discharged
lithium batteries.

Two Army personnel, who were wounded by the same  explosion,  received
PHMs on 10 November 2004 and 1 August 2004.

He was released from active duty on 30 November 2005.  He is currently
serving in the MIANG as a master sergeant and has  over  16  years  of
satisfactory service for pay.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  DPPPR confirms his service  in  support
of OEF.  DPPPR mentions  only  a  right  leg  injury  and  states  the
incident was  classified  as  non-hostile  and  he  is  therefore  not
eligible for the award.  The Air Component Commander,  as  the  award-
approving official has determined he is not eligible for award of  the
PHM and the Purple Heart Review Board also disapproved his request  on
7 March 2006.  DPPPR indicates the Army  investigation  indicated  the
incident was accidental in nature and not as a result of direct  enemy
action.

DPPPR’s complete 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 March 2006 for review and comment within 30 days.  As of this date,
this office has received no response.

_________________________________________________________________

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  the  award  of  the  PHM.
After careful consideration of the  evidence  provided  including  the
position of the Air Force on this matter, and noting our reluctance in
the past to question or overturn the decision  of  commanders  on  the
ground, we  would  normally  feel  somewhat  disinclined  to  consider
granting that which a local commander and the Air Force  have  denied;
however, in this case we have decided to make  an  exception  to  that
practice.  The applicant was accompanied by two US Army Special Forces
troops who were also injured in the explosion.  While we are not privy
as to the criteria the Army used to  grant  the  PHM’s  to  their  two
soldiers, we felt an overarching issue of fairness is  at  play  here.
Although the Air Force refuses to consider their airman was injured as
a result of  enemy  fire,  the  fact  remains  that  a  thorough  Army
investigation found the cause of the blast to  be  accidental  and  it
could not confirm or deny enemy action.  Therefore, we recommend  that
the records 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 10  November  2004,
he was awarded the Purple Heart Medal for wounds received in action on
23 March 2004.

______________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 26 April 2006, under the provisions  of  AFI  36-
2603:

      Mr. Jay H. Jordan, Panel Chair
      Mr. James A. Wolffe, Member
      Mr. Michael V. Barbino, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated25 Jan 06, w/atchs.
    Exhibit B.  Letter, AFPC/DPPPR, dated 7 Mar 06.
    Exhibit C.  Letter, SAF/MRBR, dated 17 Mar 06.




                                   JAY H. JORDAN
                                   Panel Chair

                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC


[pic]
Office Of The Assistant Secretary



AFBCMR BC-2006-00359




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 10 November
2004, he was awarded the Purple Heart Medal for wounds received in
action on 23 March 2004.





     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency