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AF | BCMR | CY2006 | BC-2006-00551
Original file (BC-2006-00551.doc) Auto-classification: Denied

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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