RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-02615
		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:

He injured himself during an active combat situation that 
resulted in him being transported from the area of 
responsibility (AOR) to Germany; ultimately being discharged.

In support of his request, the applicant provides a copy of his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty, and a copy of a letter of support.

His complete submission, with attachments, is at Exhibit A. 

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STATEMENT OF FACTS:

The applicant received an honorable discharge on 3 Feb 10 after 
serving 9 years, 1 month, and 29 days on active duty.

On 5 Feb 13, the AFBCMR sent the applicant a letter that 
administratively closed his case until he exhausted all 
available avenues of administrative remedies prior to applying 
to the BCMR.

On 24 Sep 12, 11 Jun 13, and 22 Nov 13, the United States Air 
Force Central (AFCENT) Decorating Processing Unit considered the 
applicant’s request to be awarded the PH; however, they 
disapproved all requests.

The Purple Heart 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.

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AIR FORCE EVALUATION:

AFPC/DPSID recommends denial.  The applicant’s request to be 
awarded the PH was submitted to the original approval 
authority/recommending official for decorations based solely on 
service in support of Operation ENDURING FREEEDOM/IRAQI FREEDOM.  
However, on 24 Sep 12, USAFCENT disapproved the applicant’s 
request to be awarded the PH.  If the applicant chooses to 
submit his request for reconsideration, additional/follow-up 
medical documentation will need to be submitted in order for the 
request to be reconsidered by USAFCENT.

The complete DPSID evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

1. He requested reconsideration through the USAFCENT Decoration 
Processing Unit; however, his requests were denied.  He now 
submits a request to the BCMR showing that he has exhausted all 
administrative remedies.  

2. While he was attached to the combined task force Phoenix 
Kabul Afghanistan International Airport (KAIA) on 4 Aug 09, he 
was injured after an insurgent rocket attack while taking 
defensive measures.  He received basic medical treatment at the 
time and remained in the AOR for as long as possible following 
the injury.  After a medical facility was established, he 
reported in and was seen.  He was diagnosed with a possible torn 
meniscus and was sent out on medevac to Landstuhl Germany for 
further evaluation and tests.  It was determined that he had 
severely injured his knee and had to be sent stateside for 
surgery.  Once the surgery was complete, his knees and back were 
nowhere near 100 percent, so he decided to separate from the Air 
Force after serving 12 years on active duty.  

3. Since that time, the Department of Veterans Affairs (DVA) has 
determined his injuries were service connected and rated him at 
90 percent disabled.  He provides medical records and a 
statement from his Non-Commissioned-Officer-In-Charge (NCOIC) 
who served with his at the time of his injury.

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

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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.  After a 
thorough review of the available evidence and applicant’s 
complete submission, we find no evidence the records should be 
corrected to show he was awarded the PH.  While the applicant 
may be receiving a service-connected disability from the DVA, 
this in and of itself, does not substantiate his entitlement to 
the PH.  In addition, based on a preponderance of the evidence 
presented and the lack of official documentation to support his 
contention, we find the applicant has not met his burden of 
establishing the existence of an error or an injustice with 
respect to his entitlement to the PH.  Therefore, 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 been the victim of an 
error or injustice.  In the absence of evidence to the contrary, 
we find no basis to recommend granting the requested relief.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that 
the application was denied without a personal appearance; and 
that 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-2012-02615 in Executive Session on 16 Jan 14, under 
the provisions of AFI 36-2603:

	, Chair
	, Member
	, Member

The following documentary evidence for AFBCMR Docket Number BC-
2012-02615 was considered:

    Exhibit A.  DD Form 149, dated 11 Jun 12, w/atchs.
    Exhibit C.  Letter, AFPC/DPSID, dated 3 Nov 12.
    Exhibit D.  Letter, SAF/MRBR, dated 26 Nov 12.
    Exhibit E.  Email, Applicant, dated 3 Dec 13.




                                   
                                   Chair








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