RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05973
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH).
________________________________________________________________
APPLICANT CONTENDS THAT:
On 6 Apr 2008, he was wounded in Baghdad, Iraq.
In support of his request, the applicant provides copies of
AFPC/DPSD letter showing partial approval for Combat Related
Special Compensation (CRSC) and an identification badge.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant was on active duty this period from 5 Jan 2008 to
27 Jan 2010.
He was deployed to Iraq from Jan to Apr 2008 as a member of the
Tennessee Air National Guard (ANG).
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 part of a peace
keeping 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 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. In May 2013, the applicants
request was forwarded to the original award approval authority,
Air Forces Central Command (AFCENT) who attempted to reach the
applicant for additional medical documentation to support his
claim of injury. However, they did not receive a response from
the applicant. Subsequently, the applicants request for award
of the PH was disapproved by AFCENT on 22 Nov 2013 due to lack
of medical documentation to support his claim. Should the
applicant choose to, he may submit directly to AFCENT for a one-
time reconsideration of his request. If his reconsideration
request is denied, the applicant may then submit a new DD Form
149 to include a copy of the final denial decision from AFCENT.
To grant relief would be contrary to the criteria established by
the Department of Defense (DOD) Manual 1348.33, Manual of
Military Decorations and Awards, the Secretary of the Air Force
and the Chief of Staff.
The complete DPSID evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 25 Feb 2014, a copy of the Air Force evaluation was forwarded
to the applicant for review and comment within 30 days. As of
this date, no response has been received by this office (Exhibit
E).
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has not 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 error or injustice. After
thoroughly reviewing the evidence of record and the applicants
contentions, we are not persuaded the requested relief should be
granted. In this respect, we note this Board is the highest
administrative level of appeal within the Air Force. As such,
an applicant must first exhaust all available avenues of
administrative relief provided by existing law or regulations
prior to seeking relief before this Board, as required by the
governing Air Force Instruction. The Air Force Office of
Primary Responsibility (OPR) has reviewed this application and
stated that the applicant may submit directly to AFCENT for a
one-time reconsideration of his request. In view of this, we
find this application is not ripe for adjudication at this
level, as there exists a subordinate level of appeal that has
not first been depleted. Therefore, until such time as he has
exhausted all available administrative remedies, we find no
basis to recommend granting the relief requested.
________________________________________________________________
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-2012-05973 in Executive Session on 3 Apr 2014, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Dec 2013, w/atchs.
Exhibit B. Master Military Personnel Records.
Exhibit C. Letter, SAF/LLI, dated 22 Jan 2013.
Exhibit D. Letter, AFPC/DPSID, dated 6 Jan 2014.
Exhibit E. Letter, SAF/MRBR, dated 25 Feb 2014.
Panel Chair
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