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 applicants 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 applicants injuries were a direct result of enemy action.
USAFCENT denied the applicants 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 applicants 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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