ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01445
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) Medal for an injury he
sustained in Iraq on 2 Sep 06.
________________________________________________________________
_
STATEMENT OF FACTS:
A similar appeal was considered and denied by the Board on
1 Mar 11. For an accounting of the facts and circumstances
surrounding the applicants request, and the rationale for the
earlier decision by the Board, see the Record of Proceedings,
with Exhibits, at Exhibit F.
By virtue of a letter dated 12 Feb 12, with attachments, the
applicant requests reconsideration of his request and provides
copies of medical documentation related to his injury, an
eyewitness statement, and documentation pertaining to the
2 Sep 06 rocket attack. His complete submission, with
attachments is at Exhibit G.
On 9 Jan 13, the Board considered and deferred the case for a
review by the Purple Heart Review Board (PHRB) for a
determination as to whether the additional medical documentation
relating to the applicants injury meets the criteria for award
of the PH. On 10 Jul 13, the PHRB denied the applicants
request, noting that per the Purple Heart Medical Qualification
Checklist, tinnitus regardless of the cause, does meet the
criteria for award of the PH. Furthermore, the applicants
follow up audiology appointment revealed his hearing was within
normal limits with excellent word recognition and normal middle
ear function. The PHRB further noted minor wounds that received
the minimum level of treatment that a non-medical person could
have provided do not meet the criteria for the PH.
On 31 Jul 13, the Board staff forwarded the applicant copies of
the USAFCENT Decorations Processing Unit notification, as well
as some email traffic relative to his request for his review and
comment (Exhibit H). As of this date, no response has been
received by this office.
________________________________________________________________
_
THE BOARD CONCLUDES THAT:
After again reviewing the evidence of record, the applicants
prior submission, the additional evidence provided in support of
his appeal, and the PHRB decision, we are not persuaded to
override the Boards original decision. We find the available
evidence insufficient to conclude the applicant is entitled to
award of the Purple Heart (PH) Medal. While we are not
unmindful or unappreciative of the applicants service to his
Nation, in the absence of evidence substantiating the injury he
sustained meets the criteria for award of the PH Medal, we find
no basis to recommend granting the relief sought in this
application.
________________________________________________________________
_
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-2010-01445 in Executive Session on 9 Jan 13 and
1 Sep 13, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
Although chaired the panel, in view of her unavailability, has
agreed to sign as Acting Panel Chair. The following documentary
evidence was considered:
Exhibit F. Record of Proceedings, dated 31 Mar 11,
w/Exhibits.
Exhibit G. Letter, Applicant, dated 17 Feb 12, w/atchs.
Exhibit H. Letter, AFBCMR, dated 31 Jul 13, w/atchs.
Acting Panel Chair
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AF | BCMR | CY2010 | BC 2010 01445 2
For an accounting of the facts and circumstances surrounding the applicants request, and the rationale for the earlier decision by the Board, see the Record of Proceedings, with Exhibits, at Exhibit F. By virtue of a letter dated 12 Feb 12, with attachments, the applicant requests reconsideration of his request and provides copies of medical documentation related to his injury, an eyewitness statement, and documentation pertaining to the 2 Sep 06 rocket attack. His complete submission,...
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