RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00481
            INDEX CODE:  107.00

      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED: NOT INDICATED

___________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart Medal for injuries he received while
in support of Operation IRAQI FREEDOM (OIF).

___________________________________________________________________

APPLICANT CONTENDS THAT:

While on a convoy mission, on 23 Aug 04, the convoy was hit  by  an
Improvised Explosive Device (IED).  Due to  the  dust,  smoke,  and
debris produced by the IED detonating, the rear gun truck ran  into
the rear of the M997, causing minor damage to both vehicles.

He sustained  injuries  to  both  knees  and  another  team  member
sustained a left knee contusion.  They both  felt  pain  after  the
accident and continued on with the mission.  After  riding  in  the
gun truck for an additional two hours to LSA Diamondback, they both
had slight swelling and stiffness from the injuries and went to the
hospital.  Both airmen were released and returned to duty.

Approximately, six weeks after arriving at his  home  station,  Air
Force Personnel Center (AFPC) inquired through  the  deployed  unit
military personnel flight about his injuries since  no  one  had  a
record of them.  He believes that his injury was never reported  to
the Air Force.

In support of  his  appeal,  applicant  submitted  a  copy  of  his
DD Form 214, Certificate of Release or Discharge from Active  Duty,
issued on 15 Feb 05; a copy of the Serious Incident Report;  Convoy
Trip Ticket, and medical documents.

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

___________________________________________________________________

STATEMENT OF FACTS:

Prior to the applicant’s enlistment in the New  York  Air  National
Guard (NYANG), he served in the United States Army Reserve.

Applicant enlisted in the grade of senior airman (E/4) in the NYANG
and Reserve of the Air Force on 8 Dec  98,  for  a  period  of  six
years.  He was progressively promoted to  the  grade  of  technical
sergeant (TSgt/E-6) with an effective date  and  date  of  rank  of
18 Dec 02.  He reenlisted in the NYANG on 20 Jan 04 for a period of
six years in the grade of TSgt (E/6).  He was promoted to the  rank
of master sergeant (MSgt/E-7) with an effective date  and  date  of
rank of 7 Apr 05.  He is serving as a Vehicle Operations Craftsman.

On 20 Jan 04,  he  entered  extended  active  duty  in  support  of
Operation IRAQI FREEDOM and was deployed to  Iraq  from  1  Apr  04
through 25 Sep 04.

On 15 Feb 05, he was honorably released from active duty under  the
provisions of AFI 36-3208, with  a  reason  of  separation  of  ANG
member released due to demobilization.  He was credited with 1 year
and 26 days of active duty  service  during  this  period.   As  of
11 Apr 07, he  has  completed  11  years  of  satisfactory  Federal
service.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR reviewed this  application  and  recommended  denial,
stating, in part, it appears applicant’s injury  was  caused  after
the direct enemy action and they were unable to verify  applicant’s
injuries were a direct result of enemy action.

To be awarded the  PH,  a  member  must  provide  documentation  to
support he  was  wounded  as  a  direct  result  of  enemy  action.
Indirect injuries do not meet the PH criteria.

A Statement of Medical Examination and Duty, Item  15.  Details  of
Accident or History of Disease states: on 23 Aug  04  on  or  about
2100 hours SM was driving along MSR  Tampa,  and  was  in  an  auto
accident after an IED explosion went off.  Another medical document
states bilateral knee pain after auto accident.   USCENTAF/CC,  the
approval authority for  awards  and  decorations  during  Operation
OEF/OIF, disapproved applicant’s Purple Heart claim.

HQ AFPC/DPPPR’s complete evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reiterated his original contentions and further explained
the circumstances surrounding his injuries he sustained as a result
of the incident in Aug 04.

He has been rated for service-connected disability in both knees at
0% by the Department of Veterans Affairs (DVA).

In support of his appeal, applicant provided personal statement;  a
copy of the Purple Heart criteria; his DVA Rating Sheet; a  witness
statement, and other supporting documents.

Applicant’s complete response, with attachments, is at Exhibit E.

___________________________________________________________________



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.  We took notice of
the applicant's complete submission in judging the  merits  of  the
case.  Military members are entitled to award of the  Purple  Heart
Medal for wounds received as a direct result of  enemy  action  and
for which medical treatment was or would have been required.  While
medical treatment was required and documented, we found no evidence
the applicant’s knee injury was a direct result  of  enemy  action.
To the contrary, the evidence before us indicates his injuries were
incurred as a result of the vehicle accident which was secondary to
the  IED  explosion.  We  therefore  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 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 AFBCMR Docket  Number
BC-2007-00481 in Executive Session on 4 December  2007,  under  the
provisions of AFI 36-2603:

      Ms. Kathleen F. Graham, Panel Chair
      Mr. Richard K. Hartley, Member
      Mr. Reginald P. Howard, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 Feb 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPPR, dated 8 Aug 07.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Aug 07.
    Exhibit E.  Letter, Applicant, dated 27 Aug 07, w/atchs.




                                   KATHLEEN F. GRAHAM
                                   Panel Chair