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AF | BCMR | CY2010 | BC-2010-02150
Original file (BC-2010-02150.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-02150 

 INDEX CODE: 107.00 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His records be corrected to reflect award of the Purple Heart 
(PH). 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was declined award of the PH without justification. 

 

He received wounds by an improvised explosive device (IED) that 
struck the vehicle he was in while on an official combat mission 
in Iraq. 

 

In accordance with Army Regulation 600-8-22, Military Awards, he 
meets the criteria for award of the PH due to the wounds he 
received in combat, i.e., traumatic brain injury (TBI), 
abrasions, and lacerations. 

 

In support of his request, the applicant provides copies of 
extracted medical records, eyewitness statements, an explanation 
of the incident, DD Form 214, Certificate of Release or 
Discharge from Active Duty, PH disapproval letter, Combat Action 
Medal certificate, a letter from his commander, and Department 
of Veterans Affairs (DVA) medical records. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant entered the Regular Air Force on 17 Feb 99 and was 
progressively promoted to grade of staff sergeant. 

 

On 3 Oct 08, USAFCENT/CC denied the applicant’s PH 
reconsideration request. USAFCENT was unable to provide a copy 
of the initial denial letter upon request. 

 

On 27 Jan 09, a Medical Evaluation Board diagnosed the applicant 
with post-traumatic stress disorder (PTSD) and referred him to 
the Informal Physical Evaluation Board. 


 

On 11 Feb 09, the IPEB found the applicant 50 percent disabled 
due to PTSD and recommended that his name be placed on the 
Temporary Disability Retired List for six months. The applicant 
concurred with the findings. 

 

On 26 May 09, the applicant was retired by reason of a temporary 
disability. 

 

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 April 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: 

 

HQ AFPC/DPSIDR recommends denial. DPSIDR states that based on 
the documentation provided, they were unable to determine that 
the applicant’s injuries were a direct result of enemy action. 
USAFCENT denied the applicant’s request for the PH twice and 
based upon the medical documentation provided, they were unable 
to verify his entitlement. 

 

The complete HQ AFPC/DPSIDR evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant provided a response through his congressman and an 
individual response. He restates he does not know why he was 
denied the PH. His commander has attempted to obtain the denial 
rationale, without success. 

 

The vehicle in which he was traveling was completely destroyed 
by the IED. He and his team were released after a quick review 
and examination of their wounds. He was cut and bruised badly 
and received a concussion which caused his TBI. His wounds kept 
him from returning to duty in full readiness and accomplishing 
his duties in an effective manner. 

 


He states he did not seek as much medical attention as he should 
have because he did not want to be sent home or taken off the 
mission. 

 

He believes he is deserving of the PH and the denial is a slap 
in the face not only to him personally, but to the life he 
sacrificed and dedicated to serving his country. 

 

The medical documentation he supplied clearly shows that his 
injuries are in fact a “direct” result of the IED attack. 

 

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. We note the 
applicant has been medically retired due to injuries he received 
while performing duties in the Line of Duty. Further, his 
condition was identified as combat related due to injuries he 
sustained from hostile fire 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 that on 3 October 
2008, he was awarded the Purple Heart for injuries sustained 
from hostile enemy fire while deployed in Iraq. 

 

_________________________________________________________________ 

 

The following members of the Board considered Docket Number BC-
2010-02150 in Executive Session on 5 October 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 was considered for Docket Number 
BC-2010-02150: 

 

 Exhibit A. DD Form 149, dated 28 Jun 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, HQ AFPC/DPSIDR, dated 28 Jul 10. 

 Exhibit D. Letter, SAF/MRBR, dated 13 Aug 10. 

 Exhibit E. Letter, Applicant, dated 3 Sep 10, w/atchs. 

 

 

 

 

 

 Panel Chair 

 

 

 

 

 

 

 

 

 



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