RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03265
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

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APPLICANT CONTENDS THAT:

On 21 November 2005, he was driving a 5-ton armored truck as 
part of a convoy.  The convoy was conducting operations outside 
the city of Tikrit, Iraq.  During these operations, the gun 
truck approached a privately owned vehicle (POV) traveling the 
same direction as the convoy.  When the POV came within the 100 
meters restricted area of the convoy, the gunner attempted to 
warn the vehicle to move out of the way by signing the vehicle 
out of the way with arm movements and shouting, along with 
showing his weapon.  These steps are the rules of engagement 
convoy members are required to perform before acting against a 
possible “hostile actor.”  The POV slowed down - however, it did 
not move far enough out of the way for the convoy, at which time 
the truck commander directed him to push the POV off the road.  
While shoving the POV off the road, the truck began to slide and 
he lost control of the vehicle resulting in the truck flipping 
over.  He received a broken nose, a gash on his left elbow, and 
numerous minor injuries.

In support of the applicant’s appeal he submits a personal 
statement, medical documentation and other documentation.

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

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STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in 
the grade of technical sergeant.




The PH is awarded to members of the United States Armed Forces 
who have been wounded, killed, or who have died or may hereafter 
die of wounds received in action against an enemy of the United 
States or opposing force as a result of an act of any such enemy 
or opposing armed force, an international terrorist attack or 
during military operations while serving as a part of a 
peacekeeping force.  A wound for which the award is made must 
have required treatment, not merely examination, by a medical 
officer.  Additionally, treatment of the wound shall be 
documented in the service member’s medical and/or health record.  
Award of the PH may be made for wounds treated by a medical 
professional other than a medical officer, provided a medical 
officer includes a statement in the service member’s medical 
record that the extent of the wounds were such that they would 
have required treatment by a medical officer if one had been 
available to treat them.

The remaining relevant facts pertaining to this application, 
extracted from the applicant’s military records, are contained 
in the letter prepared by the appropriate office of the Air 
Force at Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPSID recommends denial.  DPSID states the applicant 
provided medical documentation stating he was treated for facial 
injury:  fracture of nasal bones septal cartilage, dated 
6 December 2005.  However, no medical documentation from the 
time the injury occurred on 21 November 2005 was provided by the 
applicant or located within his official military personnel 
record.  The applicant provided no eyewitness statements.

The applicant's request was forwarded to the original award 
approval authority, United States Air Forces Central Command, in 
August 2013 for consideration.  The applicant's request was 
disapproved by the United States Air Forces Central Command on 
13 January 2014.  According to the original award approval 
authority, the applicant's request was disapproved as it did not 
meet the criteria for award of the PH Medal.  If the applicant 
elects, he may submit for a one-time reconsideration of United 
States Air Forces Central Command's decision.  Should the 
applicant elect to submit for a one-time reconsideration, he 
must forward all required documentation to 
AFCENT/UDPUBoardTeamShaw@afcent.af.mil directly.  If after the 
applicant submits for a one-time reconsideration to United 
States Air Forces Central Command and is denied a second time, 
only then will he have exhausted his administrative channels and 
can then submit a new DD Form 149 request for the Purple Heart.


The DPSID complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 25 March 2014, a copy of the Air Force evaluation was 
forwarded to the applicant for review and response within 
30 days (Exhibit D).  As of this date, no response has been 
received by this office. 

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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 an error or injustice.  The 
applicant’s contentions are duly noted; however, we 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 exhausted his 
administrative avenues for relief.  We advise the applicant to 
resubmit his one-time request for reconsideration for award of 
the PH Medal as outlined by the office of primary 
responsibility.  However, should after exhausting his 
administrative avenue of relief, the applicant feel he is still 
a victim of an error or injustice, the applicant may resubmit 
his application to the Board for consideration.  

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THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of an error or injustice; the 
application was denied without a personal appearance; and the 
application will only be reconsidered upon the submission of 
newly discovered relevant evidence not considered with this 
application.

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The following members of the Board considered AFBCMR Docket 
Number BC-2013-03265 in Executive Session on 1 May 2014, under 
the provisions of AFI 36-2603:


The following documentary evidence was considered:

  Exhibit A.  DD Form 149, dated 26 June 2013, w/atchs.
  Exhibit B.  Enlisted Performance Report.
  Exhibit C.  Letter, AFPC/DPSID, dated 28 February 2014, 
w/atch.
  Exhibit D.  Letter, SAF/MRBR, dated 25 March 2014.