RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00482
            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 dust,  smoke  and  debris
from the IED detonating, the rear gun truck ran into  the  rear  of
the M997 causing minor damage to both vehicles.

The applicant sustained a left  knee  contusion  and  another  team
member sustained injuries to both knees.  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.

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, and the DD Form 215,  Correction  to  DD  Form
214, issued on 20 Apr 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 Marine Corps.

Applicant enlisted in the NYANG and as a Reserve of the  Air  Force
on 3 Mar 98 for a period of three years  in  the  grade  of  senior
airman (E/4).  Applicant reenlisted in the NYANG on 7 Apr 01 for  a
period of six years in the  grade  of  staff  sergeant  (SSgt/E-5).
Applicant was promoted to the rank of technical sergeant (TSgt/E-6)
with an effective date and date of rank of 7 Sep 03.

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

On 15 Feb 05, applicant 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 2 Mar 07, applicant  has  completed  14  years  of  satisfactory
Federal service.

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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.

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  MSR  Tampa
Iraq, service member was  convoying  when  IED  went  off  next  to
vehicle.   Service  member  sustained  left  knee  contusion  after
running into  the  vehicle  in  front  of  him.   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 10% by the Department of Veterans  Affairs  (DVA)
and he indicated they questioned why he did not  receive  a  Purple
Heart Medal.

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
to substantiate the applicant’s left knee contusion  was  a  direct
result of enemy action.  To the contrary, the  evidence  before  us
indicates his injury was  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.  Hence, 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 considered AFBCMR Docket  Number
BC-2007-00482 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 20 Aug 07, w/atchs.




                                   KATHLEEN F. GRAHAM
                                   Panel Chair