RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:	BC-2013-03092  
			
			COUNSEL:  NONE
			
			HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:
1.  His medical discharge be changed to a medical retirement.
2.  He be awarded the Purple Heart Medal.

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APPLICANT CONTENDS THAT:

He has a doctor’s letter stating surgery has left him 
permanently disabled. He has a roommate helping him take care 
of his basic needs because he cannot care for himself.

He believes he should have been evaluated for Post-Traumatic 
Stress Disorder (PTSD) when he returned from Iraq in 2003. He 
has dreams of war and wakes up in cold sweats. He cannot sleep 
unless medicated and then he wakes up feeling exhausted for the 
day. On a good day, he gets four hours of sleep.

He also developed severe back injuries and Traumatic Brain 
Injury (TBI). He was diagnosed with TBI in 2013 as he did not 
have a brain scan while in the military. He has a caregiver 
from the Department of Veterans Affairs because he cannot fully 
take care of himself.

In support of the appeal, the applicant provides notes from his 
physicians.

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

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 10 February 
1997. He was processed through the Disability Evaluation System 
(DES), based on the diagnosis of chronic right shoulder pain, 
history of multiple injuries, ultimately resulting in an unfit 
finding. He was discharged with severance pay and a 10 percent 
disability rating.


The applicant was honorably discharged on 7 November 2007. His 
narrative reason for separation was listed as disability, 
severance pay.   He was credited with 10 years, 1 month and
28 days of active duty service.

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AIR FORCE EVALUATION:

AFPC/DPFD recommends denial of the applicant’s request for a 
medical retirement.

The Informal Physical Evaluation Board (IPEB) reviewed the 
applicant’s case on 22 August 2007 and recommended discharge 
with severance pay (DWSP) with a disability rating of 10 percent 
for the diagnosis of chronic right shoulder pain, history of 
multiple injuries. The IPEB noted that he had adequate range of 
motion and 4/5 strength of the right shoulder. His pain was 
likely from pain and guarding with weakness from limited use 
rather than multiple neurological injuries. The IPEB also noted 
there was no evidence his neck and spine were unfitting for 
military service.

On 23 August 2007, the applicant non-concurred and requested a 
formal hearing with counsel.  On 7 September 2007, he requested 
a waiver of the formal hearing and accepted the recommendation 
of the IPEB. He was not boarded for PTSD and waived his right 
to have his condition reviewed by the Formal Board and the 
Secretary of the Air Force Personnel Council.

As background, the Department of Defense (DoD) and the 
Department of Veterans Affairs (DVA) disability evaluation 
systems operate under separate laws. Under Title 10, U.S.C, 
Physical Evaluation Boards must determine if a member’s 
condition renders them unfit for continued service relating to 
their office, grade, rank or rating.  The fact that a person has 
a medical condition does not mean that the condition is 
unfitting for continued military service. To be unfitting, the 
condition must be such that it alone precludes the member from 
fulfilling their military duties. The USAF disability board 
must rate disabilities based on the member’s condition at 
the time of evaluation, in essence a snapshot of their 
condition at that time. It is the charge of the DVA to pick up 
where the AF must, by law, leave off. Under Title 38, the DVA 
may rate any service-connected condition based upon future 
employability or reevaluate based on changes in the severity of 
a condition.

The preponderance of the evidence reflects that no error or 
injustice occurred during the disability process.

The complete DPFD evaluation is at Exhibit C.


AFPC/DPSID recommends denial of the Purple Heart. 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 such enemy or 
opposing armed force, an international terrorist attack or 
during military operations while serving as 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 members medical and/or health record. Award 
of the Purple Heart may be made for wounds treated by a medical 
professional other than a medical officer, provided a medical 
officer includes a statement in the member’s medical report that 
the extent of the wounds were such that they would have required 
medical treatment by a medical officer of one had been available 
to treat them.

After a thorough review of the applicant’s official military 
personnel record, the award of the Purple Heart could not be 
verified.

The Purple Heart Review Board has the authority, on behalf of 
the Secretary of the Air Force, to determine a veteran’s award 
of the Purple Heart. Each request is considered based on the 
policies and criteria in use at the time of the veteran’s injury 
and based on the documentary evidence presented. However, the 
applicant must submit the required documentation for review.

There is no special order, recommendation or signed certificate 
in the applicant’s record indicating that he was recommended 
for, or awarded the Purple Heart. There is also no evidence the 
applicant suffered an injury through enemy contact. A diagnosis 
of PTSD does not meet the eligibility criteria for the award of 
the Purple Heart.

The complete DPSID evaluation is at Exhibit D.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies	of the Air Force evaluations were forwarded to the 
applicant on 24 December 2013, for review and comment  within
30 days (Exhibit E). As of this date, this office has received 
no response.

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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 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 an error or injustice with regard 
to the applicant’s disability rating or the award of the 
Purple Heart Medal. Evidence has not been submitted which would 
lead us to believe the rating he received at final 
disposition was improper or that he was not afforded due 
process through the disability evaluation system. Additionally, 
we found no evidence the applicant was submitted for, or 
awarded the Purple Heart Medal. Therefore, we agree with the 
opinion and recommendation of the Air Force offices of 
primary responsibility and adopt their 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 favorable 
consideration of the applicant’s request.

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.

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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-2013-03092 in Executive Session on 20 
March 2014, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2013-3092 was considered:

Exhibit A.	DD Form 149, dated 23 Jun 13, w/atchs. 
Exhibit B.	Applicant's Master Personnel Records. 
Exhibit C.	Letter, AFPC/DPFD, dated 11 Sep 13.
Exhibit D.	Letter, AFPC/DPSID, dated 12 Nov 13. 
Exhibit E.	Letter, SAF/MRBR, dated 24 Dec 13.