RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-01402 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He be awarded the Purple Heart (PH) Medal for wounds sustained as 
a direct result of an act of an opposing force. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He received injuries as a direct result of an enemy Improvised 
Explosive Device (IED) on 8 January 2008, while conducting combat 
operations in Iraq. The armor of his vehicle was breached and 
the vehicle immediately became engulfed in fire and destroyed. 
He sustained a burn to his neck, partial hearing loss, left 
shoulder and right knee injuries. 

 

While in Iraq, the paperwork for the PH was submitted; and his 
unit has made numerous attempts to rectify the situation. While 
his unit felt that he should receive the PH, they were unable to 
accomplish it through Air Force channels. He has exhausted all 
means available and requests the Board examine the attached 
documentation to correct this mistake/injustice. 

 

In support of his request, the applicant provides a personal 
statement, extract copies of his medical records, AF IMT 348, Line of Duty Determination; a Letter of Appreciation, DD Form 
1168, Statement of Suspect/Witness/Complaint; his Department of 
Veterans Affairs Rating, pictures of the accident and various 
other documents associated with his request. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant served in the Texas Air National Guard. 

 

On 2 October 2008, the applicant was awarded the Air Force Combat 
Action Medal for active participation in combat, having been 
under direct and hostile fire or physically engaging hostile 
forces with direct and lethal fire, in connection with military 
operations. 

 


The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of the 
Air Force, which is attached at Exhibit B. 

 

In accordance with DoD 1348.33-M, Manual of Military Decorations 
and Awards, the PH is awarded to any member of the Armed Forces 
of the United States or any civilian national of the United 
States who, while serving under competent authority in any 
capacity with one of the United States Armed Forces, after 
5 Apr 1917, has been wounded, killed, or who has died or may 
hereafter die of wounds received under any of the following 
circumstances: in action against an enemy of the United States; 
in action with an opposing armed force of a foreign country in 
which the Armed Forces of the United States are or have been 
engaged; while serving with friendly foreign forces engaged in an 
armed conflict against an opposing armed force in which the 
United States is not a belligerent party; as a result of an act 
of any such enemy of opposing armed forces; as the result of an 
act of any hostile foreign force. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIDR recommends denial. DPSIDR states the applicant’s 
injuries were not a direct result of enemy action. The medical 
documentation indicates the injuries do not appear to support 
that the injuries sustained were directly cause by the IED but 
instead were caused secondary to the blast. After considering 
DOD 1348.33-M regarding the award of the PH and the medical 
documentation, DPSIDR is unable to verify the applicant’s 
entitlement to the award. 

 

USAFCENT denied the applicant’s request for the PH on 4 April 
2008 and 17 September 2008. 

 

The complete DPSIDR evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

AR 600-8-22, Military Awards, states that justification for the 
PH includes injuries sustained as a result of a vehicle accident 
caused by enemy fire. The IED detonation and subsequent enemy 
contact created a very dynamic situation. During the heat of 
battle, no one had the luxury to call “timeout” or take notes to 
satisfy questions after the fact. He does not know if the 
explosion and following shockwave caused the injury or if it 
occurred during egress from the burning vehicle. Either way, the 
injuries are a direct result of an action by an enemy. He 
respectfully requests the Board examine the information and 
correct the error/injustice in his military records by awarding 
the PH. 


 

The 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. Sufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice warranting award 
of the Purple Heart (PH) medal. The applicant contends he should 
be awarded the PH based on injuries he received during hostile 
action, while actively participating in combat. In support of 
his appeal, the applicant provides a statement from the medical 
personnel who treated him in the field while exposed to hazardous 
conditions and direct hostile fire. We feel this corroborates 
his statement that he was injured as a result of direct hostile 
fire, by an enemy of the United States while deployed to Iraq. 
Thus, we believe any doubt concerning the applicant’s entitlement 
to the Purple Heart should be in his favor. Therefore, we 
recommend his records be corrected to the extent indicated below. 
Further, we extend our sincere gratitude for his selfless 
dedication and service to our country. 

 

_________________________________________________________________ 

 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air Force 
relating to APPLICANT, be corrected to show that on 8 January 
2008, he was awarded the Purple Heart for injuries he sustained 
from hostile fire while deployed in Iraq. 

 

_________________________________________________________________ 

 

The following members of the Board considered Docket Number BC-
2010-01402 in Executive Session on 28 September 2010, under the 
provisions of AFI 36-2603: 

 

, Panel Chair 

, Member 

, Member 

 

 

 

 

All members voted to correct the records, as recommended. The 
following documentary evidence pertaining to Docket Number BC-
2010-01402 was considered: 


 

 Exhibit A. DD Form 149, dated 8 Apr 10, w/atchs. 

 Exhibit B. Letter, HQ AFPC/DPSIDR, dated 12 May 10. 

 Exhibit C. Letter, SAF/MRBR, dated 12 May 10. 

 Exhibit D. Letter, Applicant, dated 3 Jun 10, w/atchs. 

 

 

 

 

 
Panel Chair 

 

 

 

 

 

 

 

 


AFBCMR BC-2010-01402 

 

 

 

 

 

MEMORANDUM FOR THE CHIEF OF STAFF 

 

 Having received and considered the recommendation of the Air Force Board for Correction 
of Military Records and under the authority of Section 1552, Title 10, United States Code (70A 
Stat 116), it is directed that: 

 

 The pertinent military records of the Department of the Air Force relating to APPLICANT 
be corrected to show that on 8 January 2008, he was awarded the Purple Heart for injuries he 
sustained from hostile fire while deployed in Iraq. 

 

 

 

 

 

 

 Director 

 Air Force Review Boards Agency