RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-00532
            INDEX CODE:  107.00

            COUNSEL:  VSO
            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  26 AUGUST 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The PH medal does not show on his DD Form 214,  Certificate  of  Release  or
Discharge from Active Duty.

The unit he was attached to in Iraq was comprised  of  Guard,  Reserve,  and
active duty personnel that got  handed  over  to  the  Army  (as  an  entire
company) for convoy escort duty.

The Army was supposed to receive paperwork from his unit and pass it  on  to
U.S. Central Command Air Forces (USCENTAF).   As  individual  Army  and  Air
Force units constantly  rotated  in  and  out  of  Iraq  the  paperwork  and
equipment went with them, disappeared, or was left behind for the next  unit
to worry about.

He was treated at a clinic on the Air Force  side  of  Balad,  and  not  LSA
Anaconda, where  he  was.   The  prospect  of  Air  Force  medical  squadron
personnel doing awards paperwork for outsiders attached to an Army unit  was
doubtful.

In support of his request, applicant provided copies of Standard  Form  (SF)
600,  Chronological  Record  of  Medical  Care,  AF   Form   1677,   Hearing
Conservation  Diagnostic/Center  Referral,  SF   513,   Medical   Record   –
Consultation  Sheet,  89MDG  Form  507,   a   report   from   the   Veterans
Administration (VA), AF IMT 77,  Supplemental  Evaluation  Sheet  indicating
the types of combat missions performed, and two witness statements.

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

_________________________________________________________________

STATEMENT OF FACTS:

Other than those submitted by the applicant, his military personnel  records
were  not  available  for  review.   However,  according  to  the   Military
Personnel Database (MilPDS), on 19 Dec 05 applicant was  honorably  released
from active duty, and on    20 Dec  05,  he  was  placed  on  the  Temporary
Disability Retired List (TDRL) in the retired grade of  technical  sergeant,
with a compensable percentage for physical disability of  50  percent.   His
service for basic pay was 14 years,  and  5  days,  of  which,  6  years,  3
months, and 16 days was active service for retirement.

SF Form 600, Chronological Record of Medical Care, indicates on 30  Jul  04,
applicant was treated for ringing in the ears and a headache due to  a  bomb
blast that went off within 50 feet of his convoy.

Medical records provided by the applicant reflect on 23  Nov  04,  applicant
was seen at Malcolm Grow Medical Center for an audio logical exam.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDR recommends the  request  be  denied  based  on  the  USCENTAF/CC
decision.  DPSIDR states in order to be awarded the PH, the  applicant  must
provide documentation to support that his wounds were  a  direct  result  of
enemy  action  and  the  wounds  received  medical  treatment   by   medical
personnel.

In addition, it is necessary that the wound  required  or  received  medical
treatment by medical personnel.  Indirect injuries do not meet Purple  Heart
criteria.  Indirect injuries include  but  are  not  limited  to,  diseases,
exposure, injuries received while seeking  shelter  from  mortar  or  rocket
attacks, aircraft bombings, grenades, and injuries  incurred  while  serving
as an aircraft  member  or  in  a  passenger  status  as  a  result  of  the
aircraft’s evasive measures against hostile fire.

On 13 Apr 07, the PH request was forwarded  to  USCENTAF/CC;  which  is  the
approval authority for Operation ENDURING FREEDOM/IRAQI FREEDOM.  On  6  Sep
07, the USCENTAF Board non-concurred with the approval of the PH.

The complete DPSIDR evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He submitted an excerpt from Army Regulation 600-8-22/25 February 1995,  and
he believes the highlighted sections are  pertinent  to  the  facts  of  his
case.  Operating an Army truck at night on a highway  in  Iraq,  and  having
some kind of explosive device go off in front of him close enough  to  cause
injuries is without a doubt a “direct”  result  of  enemy  action.   At  the
time, Improvised Explosive Devices  (IEDs)  was  an  insurgent’s  weapon  of
choice.  Besides, who else would have done it?  He  believes  the  following
PH criteria are satisfied; A #1 and 5, B #2 (his medical record  satisfies),
and #4 b and e.  If the person who denied his application had read B  #6  of
the PH criteria, his medal would have already been approved.

He provided copies of two witness statements, and AF IMT  77,  (included  in
his original package).

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

_________________________________________________________________

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 error or injustice.  After a thorough review of  the  available
evidence and the applicant’s complete submission, we are not  persuaded  the
requested relief should be granted.  The applicant’s  contentions  are  duly
noted; however, we do not find  these  assertions,  in  and  by  themselves,
sufficiently persuasive to  override  the  rationale  provided  by  the  Air
Force.  Therefore, 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 been the victim  of  an  error
or injustice.  The applicant’s personal sacrifice and unselfish  service  to
his country is noted and our decision should in no way lessen  his  service;
however, documentary evidence presented  does  not  meet  the  criteria  for
award of the Purple Heart.  Therefore, in the absence  of  evidence  to  the
contrary, we find no compelling  basis  to  recommend  granting  the  relief
sought in this application.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issue  involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

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 considered Docket Number    BC-2007-
00532 in Executive Session on 24 October 2007, under the provisions of AFI
36-2603:

      Mr. Michael V. Barbino, Panel Chair
      Mr. James A. Wolffe, Member
      Ms. Lea Gallogly, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2007-
00532 was considered:

    Exhibit A.  DD Form 149, dated 6 Feb 07, w/atchs.
    Exhibit B.  Letter, AFPC/DPSIDR, dated 6 Sep 07.
    Exhibit C.  Letter, SAF/MRBR, dated 21 Sep 07.
    Exhibit D.  Letter, Applicant, undated, w/atchs.




                                             MICHAEL V. BARBINO
                                             Panel Chair