RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-02614 

 COUNSEL: NONE 

  HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

The Casualty Report (CasRep) accomplished on 22 Nov 2005 be 
changed from non-hostile to hostile. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

On 22 Nov 2005, he was the gunner in the lead gun truck which 
provided a mobile roadblock at a heavily congested traffic 
intersection in Tikrit, Iraq. The gun truck approached a local 
national vehicle that did not yield the right of way, despite 
signals from the truck driver. The gun truck attempted to get 
close to the vehicle and direct the driver out of the way. 
While doing so the gun truck lost control and flipped over 
numerous times causing the applicant and others in the truck to 
be injured. 

 

The reason for the accident and his subsequent injuries were a 
result of hostile actions which required the use of force to 
suppress the enemy. 

 

During convoy mission briefings, personnel were ordered not to 
allow civilian vehicles to infiltrate the convoy due to the high 
risk of Vehicle Borne Improvised Explosive Devices (VBIED). 
Personnel were to use an escalation of force to eliminate any 
hostile acts that threatened the convoy. It was vital to 
execute aggressive driving measures to safeguard resources and 
personnel. Had they not taken action they would not have been 
doing their job. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

In a letter dated 23 Jul 2012, the Chief, Casualty Service 
Branch stated that based on documentation submitted by the 
applicant, it is reasonable to consider changing the CasRep. 
Personnel Support for Contingency Operations (PERSCO) team 
report details of an event in an initial CasRep sent to the 
Casualty Services Branch. If new details come to light after 


the initial report, a supplemental report is submitted by 
PERSCO. The Casualty Services Branch maintains CasReps; 
however, they do not have the authority to change details or 
circumstances on a CasRep. 

 

________________________________________________________________ 

 

THE AIR FORCE EVALUATION: 

 

USAFCENT/A1P recommends denial. A1P states that in accordance 
with AFI 36-3002, Casualty Services, PERSCO accomplished and 
submitted the non-hostile CasRep based on the local commander's 
decision at the time of the incident. 

 

On 22 Nov 2005, the applicant’s Purple Heart submission was 
returned because the incident was categorized as non-hostile 
versus hostile. On 20 Sep 2010, his commander submitted AF IMT 
3994, Recommendation for Decoration–Deployment/Contingency 
Operations, recommending him for award of the Air Force Combat 
Action Medal (AFCAM), for Courage. However, on 7 Feb 2011, the 
AFCAM was disapproved by the USAFCENT Decorations board because 
the incident was categorized as non-hostile versus hostile. In 
view of the above, A1P nonconcurs with the applicant’s request 
to change the report from non-hostile to hostile. 

 

The complete A1P evaluation, with attachments, is at Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 

 

On 14 Sep 2012, a copy of the Air Force evaluation was forwarded 
to the applicant for review and comment within 30 days. As of 
this date, no response has been received by this office (Exhibit 
D). 

 

________________________________________________________________ 

 

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; however, the Board majority agrees with the opinion 
and recommendation of the Air Force office of primary 
responsibility and adopts the rationale expressed as the basis 
for our conclusion the applicant has not been the victim of an 
error or injustice. Therefore, in the absence of evidence to 


the contrary, a majority of the Board finds no basis to 
recommend granting the relief sought in this application. 

 

________________________________________________________________ 

 

RECOMMENDATION OF THE BOARD: 

 

A majority of the Board finds insufficient evidence of error or 
injustice and recommends the application be denied. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR BC-2012-
02614 in Executive Session on 5 Feb 2013, under the provisions 
of AFI 36-2603: 

 

 Panel Chair 

 Member 

 Member 

 

By a majority vote, the Board voted to deny the request. 
XXXXXXX voted to correct the record and submitted a minority 
report. The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 23 May 2012, w/atch. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, USAFCENT/A1P, dated 28 Aug 2012, w/atchs. 

 Exhibit D. Letter, SAF/MRBR, dated 14 Sep 2012. 

 Exhibit E. Minority Report, dated 15 Feb 2013. 

 

 

 

 

 

 Panel Chair 


 

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR 

 CORRECTION OF MILITARY RECORDS (AFBCMR) 

 

SUBJECT: XXXXXXX, AFBCMR Docket Number: BC-2012-02614 

 

I have carefully reviewed this case and agree with the minority member that there is 
sufficient evidence of either an error or an injustice warranting approval of the applicant’s 
request to change the casualty report. 

 

 In reaching this decision, I note the applicant provided a Convoy Leader Handbook 
which states that convoy teams were to assume local national vehicles were hostile based on 
specified types of activities. The evidence reveals the local national vehicle attempted to 
infiltrate into the convoy, as such, the gun truck commander directed the truck driver to shove 
the local national vehicle off the road. Consequently, while following the truck commander’s 
orders, the gun truck lost control and flipped over. In view of this, it appears the driver of the 
gun truck was following published command guidelines when he lost control of the truck. The 
office of primary responsibility states that the 732nd EMSG/Personnel Support for Contingency 
Operations (PERSCO) accomplished the Casualty Report based on the local commander’s 
decision at the time of the incident. However, as pointed out by the minority member, other than 
the staff sergeant who prepared the Casualty Report, there is no evidence that anyone at a higher 
level designated the incident as non-hostile. As such, it is my belief that the on-scene 
commander appropriately interpreted the actions of the local national vehicle as meeting the 
definition of "hostile intent" and acted accordingly. 

 

 Therefore, in view of the above, I find the applicant has met his burden of demonstrating 
the existence of an error or an injustice and direct that his records be corrected to show that the 
Casualty Report accomplished on 22 November 2005 be changed to reflect “hostile.” 

 

 

 

 

 

 Director 

 Air Force Review Boards Agency 

 

 


AFBCMR BC-2012-02614 

 

 

 

 

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, it is directed that: 

 

The pertinent military records of the Department of the Air Force relating to 
XXXXXXX, XXXXXXX, be corrected to show that the Casualty Report accomplished on 
22 November 2005 be changed from non-hostile to hostile. 

 

 

 

 

 

 Director 

 Air Force Review Boards Agency 

 

 

Attachment 

Casualty Status Report, dated 22 November 2005