RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01934
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
_
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) Medal.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
He did not receive the PH when he was injured as a consequence
of enemy mortar fire on 12 April 2004. No one in his unit took
the initiative to put him in for the award. When he returned
home the commander of the unit at the time did not recall the
incident. He is currently receiving compensation from the
Department of Veterans Affairs (DVA) for his combat injuries.
In support of his appeal, the applicant submits a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty, a letter of support, and Special Order No. ACD-01466.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
On 2 August 2010, the Secretary of the Air Force Personnel
Council (SAFPC) directed the applicant be permanently retired
under the provisions of 10 U.S.C. 1201.
On 22 August 2010, the applicant was removed from the Temporary
Disability Retired List (TDRL) in the grade of master sergeant
with a compensable rating of 40 percent for physical disability.
He was credited with 1 year, 7 months, and 28 days active
service for retirement and 20 years, 2 months and 18 days
service for basic pay.
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 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. DPSID states after a thorough
review of the applicants official military record, they were
unable to locate official documentation to verify award of the
PH. The applicant did not provide a detailed personal account
of how the injury occurred, medical documentation from the date
the injury occurred verifying medical treatment was required and
received, and eyewitness statements from individuals who saw the
applicant injured and can attest to the circumstances in which
the applicant was injured.
The applicant provided a statement from the Superintendent of
Nursing Services for the 332nd Expeditionary Medical Group,
Balad, Iraq, during the time period in question, who states that
he was responsible for investigating and filing the line of duty
injury report relating to the applicant's injury.
Unfortunately, the statement provided is not an eyewitness
statement. He did not see the incident in question, and his
statement appears to be based on information given to him after
the fact.
The applicant's request could not be forwarded to the original
award approval authority, the United States Air Forces Central
Command, as his request lacked the required documentation in
order for his request to be reasonably considered.
The DPSID complete evaluation is at Exhibit C.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 14 March 2014, a copy of the Air Force evaluation was
forwarded to the applicant for review and comment within 30 days
(Exhibit D). As of this date, this office has received no
response.
________________________________________________________________
_
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. The
applicants contentions are duly noted; however, after reviewing
the evidence of record 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 the
applicant has not provided sufficient evidence that validates
his entitlement to the Purple Heart Medal. Therefore, we find
no basis to recommend granting the relief sought in this
application.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
_
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an 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-2013-01934 in Executive Session on 1 May 2014, under
the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2013-01934 was considered:
Exhibit A. DD Form 149, dated 5 May 2013, w/atchs.
Exhibit B. AF IMT 348, AF IMT 618, Special Order No. ACD
02317, Chronological Records of Medical Care,
Standard Form 88, Standard Form 93, AF Form 422,
AF Forms 356, and MEB Documentation.
Exhibit C. Letter, AFPC/DPSID, dated 28 February 2014.
Exhibit D. Letter, SAF/MRBR, dated 14 March 2014.
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