RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-00551
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 27 AUG 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he was awarded the Purple Heart
(PH).
_________________________________________________________________
APPLICANT CONTENDS THAT:
On 22 November 2004, he was injured by an Improvised Explosive Device
(IED) (Bomb) while stationed at Kirkuk AB, Iraq. He was hospitalized
for his injuries. On 10 February 2006, he was denied the PH due to
lack of evidence.
Applicant's complete submission, with attachments, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force (RegAF) on 28 June
1991, as an airman basic (AB) for a period of four years.
His DD Form 214 reflects he was awarded the Air Force Achievement
Medal (AFAM) with one Oak Leaf Cluster (OLC), Air Force Outstanding
Unit Award (AFOUA) with Valor (V) and one OLC, Air Force Good Conduct
Medal (AFGCM), National Defense Service Medal (NDSM) with one OLC,
Global War on Terrorism Expeditionary Medal, Global War on Terrorism
Service Medal, Humanitarian Service Medal, Air Force Overseas Short
Tour Ribbon, Air Force Expeditionary Service Ribbon with one OLC, Air
Force Longevity Service Award, USAF NCO Professional Military
Education Ribbon, and the Air Force Training Ribbon.
On 22 November 2004, the applicant was injured when an IED exploded
five meters from the vehicle. He received injuries to his face and
lost hearing.
On 26 November 2004, the applicant was medically evacuated to see a
specialist at Balad AB, Irag.
A Casualty Report was forwarded to United States Central Command, Air
Force (USCENTAF) for PH boarding.
On 3 December 2004, USCENTAF boarded and disapproved the request for
the PH.
On 14 April 2005, the applicant was honorably discharged in the grade
of SSgt. He served 13 years, 3 months and 6 days of active duty
service.
On 30 January 2006, the Purple Heart Review Board (PHRB) reviewed and
denied the request for the PH.
HQ AFPC/DPPRA informed the applicant that the PHRB reviewed his
request for award of the PH and determined the documents did not
provide conclusive evidence to approve the PH.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPPR recommends the applicant’s request for award of the PH
be denied. DPPPR states the applicant requested entitlement to the PH
again in March 2006. The PHRB denied the applicant’s request based on
fact that the documentation he provided did not provide conclusive
evidence to approve the PH.
A complete copy of the Air Force evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant and
counsel on 5 May 2006, for review and response. 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 an injustice. After reviewing and noting
the applicant's complete submission in judging the merits of his
request for the PH medal, we agree with the opinion and recommendation
of the Air Force and adopt its rationale as the basis for our decision
that the applicant has failed to provide persuasive evidence of an
injury meeting the criteria for award of the PH. The documentation
provided by the applicant and his military records do not substantiate
he had an injury that met the criteria for award of the PH. The
applicant was considered and denied the PH for his involvement in a
November 2004 IED explosion in the area of responsibility during
OEF/OIF. Furthermore, there is no evidence in the applicant’s records
indicating he was injured or received medical treatment for injuries
incurred as a direct result of enemy action. Therefore, in the
absence of evidence to the contrary, we find no compelling basis to
recommend granting the relief sought in this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that the
application was denied without a personal appearance; and that 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 this application in Executive
Session on 22 June 2006, under the provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Glenda H. Scheiner, Member
Mr. Alan A. Blomgren, Member
The following documentary evidence pertaining to AFBCMR Docket Number
BC-2006-00551 was considered:
Exhibit A. DD Form 149, dated 2 Nov 05, w/atchs.
Exhibit B. Available Military Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPR, undated.
Exhibit D. Letter, SAF/MRBR, dated 27 Jan 06.
THOMAS S. MARKIEWICZ
Chair
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