RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 		DOCKET NUMBER: BC-2014-03043

				COUNSEL:  NONE

				HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH).


APPLICANT CONTENDS THAT:

He was denied the PH despite injuries received as a direct 
result of enemy action near Sather Air Base, Iraq.   

He deployed to Iraq between 28 Apr 07 and 30 Oct 07.  On 15 Oct 
07, enemy rockets hit just north of Runway 15R.  He and three 
AFOSI Special Agents rendezvoused with Air Force Security Forces 
(SF) to survey the impact.  After leaving the safety of their 
vehicles, they heard the distinctive sounds of inbound rockets.  
As he ducked for cover, he slammed to the ground and his leg was 
pierced by metal and his right knee and left shoulder were 
dislocated.  The initial results of the attack left him dizzy, 
disoriented and bleeding from the leg.  

Upon returning to base, he was taken to the XXXXth Expeditionary 
Medical Squadron (EMEDS) for treatment.  After being placed on a 
stretcher, he remembers the doctor saying “flush his leg out 
before he loses it”.  X-rays revealed the metal had missed his 
tibia and fibula and he had a dislocated shoulder.  While he was 
never MEDEVAC he served the rest of the deployment in pain.

When he returned from deployment, he received additional X-rays 
and an MRI for his right leg and left shoulder.  The tests 
revealed a torn labrum, Hill-Sachs lesion, and a Bankart lesion 
from his dislocated shoulder.  He underwent several months of 
physical therapy for his leg and surgery for his left shoulder.  

Three additional injuries were discovered later, but are also 
likely related to the Oct 07 attack.  The first was dental 
fractures.  He had several dental surgeries to repair fractured 
teeth.  The second was his right knee.  An MRI showed a 
posterior medial meniscus tear and a partial posterior cruciate 
ligament (PCL) tear.  The third injury involved his right wrist.  
An MRI revealed a torn triangular fibrocartilage complex and 
ulnar nerved dislocation requiring surgery.  However, during the 
Oct 12 procedure, a scapholunate ligament tear was also 
identified.  

In support of his request, the applicant provided an endorsement 
memorandum from his commander, a summary of enemy action, two 
eyewitness accounts, a map detailing the attack location, a 
security forces blotter and copies of his medical and dental 
records.

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


STATEMENT OF FACTS:

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

The remaining relevant facts pertaining to this application are 
contained in the memorandum prepared by the Air Force offices of 
primary responsibility (OPR), which are attached at Exhibits C 
and D.    


AIR FORCE EVALUATION:

AFPC/DPSID recommends denial indicating there is no evidence of 
an error or an injustice.  

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 Purple Heart 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 applicant recommendation for the award of the PH was 
forwarded to the original award approval authority, United 
States Air Forces Central Command, for consideration on 29 Dec 
08.  According to the original approval authority, the 
applicant’s request was disapproved as it did not meet the 
criteria.  

The applicant submitted a request for reconsideration on 12 Sep 
11.  The subsequent request was also disapproved by the United 
States Air Forces Central Command.  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.  
In addition, since the one-time request for reconsideration was 
submitted already, the awarding authority’s decision is final. 

Although it is unfortunate that the applicant was injured in the 
area of responsibility with nearby rocket attacks, the injuries 
the applicant received were not the direct result of the enemy 
as the PH criteria states.

A complete copy of the AFPC/DPSID evaluation is at Exhibit C.

SAF/MRBP recommends denial indicating there is no evidence of an 
error or an injustice.  They reviewed the applicant’s records 
and supporting documentation and concur with AFPC/DPSID’s 
recommendation to deny the award of the PH.  The applicant has 
twice applied to the United States Air Forces Central Command 
Decoration’s Board, which adjudicated his initial and 
reconsideration requests and denied the award of the PH.  They 
found no evidence suggesting they failed to properly evaluate 
his request against the criteria for the PH in making their 
determination to deny the request.  

From the evidence provided, it appears the applicant did receive 
a leg and shoulder injuring while “ducking for cover” during an 
enemy rocket attack, but the injuries were not a result of the 
attack, but rather the terrain and surrounding debris that 
resulted in his injuries.

A complete copy of the SAF/MRBP evaluation is at Exhibit D.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the SAF/MRBP and Air Force evaluation were forwarded 
to the applicant on 6 Feb 15 for review and comment within 30 
days (Exhibit E).  As of this date, no response has been 
received by this office.


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.  We took 
notice of the applicant’s complete submission in judging the 
merits of the case; however, we agree with the opinions and 
recommendations of the Air Force office of primary 
responsibility (OPR) and SAF/MRBP and adopt their rationale as 
the basis for our conclusion the applicant has not been the 
victim of an error of injustice.  Therefore, in the absence of 
evidence to the contrary, we find no basis to recommend granting 
the requested relief.


THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of material 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.


The following members of the Board considered AFBCMR Docket 
Number BC-2014-03043 in Executive Session on 25 Jun 15 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining AFBCMR Docket 
Number BC-2014-03043 was considered:

	Exhibit A.  DD Form 149, dated 16 Jun 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSID, dated 15 Oct 14.
	Exhibit D.  Memorandum, SAF/MRBP, dated 14 Jan 15
	Exhibit E.  Letter, SAF/MRBR, dated 6 Feb 15.