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
________________________________________________________________
_
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) Medal.
________________________________________________________________
_
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.
________________________________________________________________
_
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
applicants 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 members 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 members 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.
________________________________________________________________
_
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial. The applicants 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 applicants
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.
________________________________________________________________
_
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 applicants complete submission, with attachments, is at
Exhibit E.
________________________________________________________________
_
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 applicants
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.
________________________________________________________________
_
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.
________________________________________________________________
_
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
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
4
4
This document contains information which must be protected IAW AFI 33-332 and DoD Regulation
5400.11; Privacy Act of 1974 as Amended Applies, and it is For Official Use Only (FOUO).
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