RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05166
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from Active
Duty, be amended to reflect the following awards:
1. Purple Heart (PH).
2. Air Force Commendation Medal (AFCM). (Will be
administratively corrected)
3. Air Force Combat Action Medal (AFCAM). (Will be
administratively corrected)
________________________________________________________________
APPLICANT CONTENDS THAT:
There was insufficient data at the time his DD Form 214 was
prepared.
In support of his requests, the applicant submits copies of a
Congressional Inquiry, AF IMT 348, Line of Duty Determination;
Department of Veterans Affairs (DVA) rating decision and SF 600,
Chronological Record of Medical Care.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant served on active duty from 3 Jan to 30 Oct 11 and
deployed to Bagram AB, Afghanistan.
According to SF 600 dated 6 Apr 11, he reported to the Emergency
Room (ER) for lower back pain due to an explosion of an
Improvised Explosive Device (IED).
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 of award of the PH. On 30 Dec 13,
Air Forces Central Command attempted to contact the applicant to
request additional documentation to include the date of the
incident and deployed unit of assignment. To this date, AFCENT
has not received a response; and therefore is unable to
reasonably consider his request. To grant relief would be
contrary to the criteria established by DODM 1348.33, Manual of
Military Decorations and Awards, the Secretary of the Air Force
and the Chief of Staff.
Based on a review of the applicants official military personnel
record, DPSID was able to determine he should have been awarded
the AFCM and the AFCAM for his service from 3 Jan to 30 Oct 11.
Upon the Boards decision, the applicants records will be
administratively corrected to reflect these awards.
The complete DPSID evaluation is at Exhibit C.
SAF/MRBP concurs with the DPSID recommendation for
administrative correction of the applicants records for award
of the AFCM and AFCAM. Should the applicant provide the
additional documentation requested by AFCENT, he can then be
considered for award of the PH.
The complete MRBP evaluation is at Exhibit D.
________________________________________________________________
APPLICANTS REVIEW OF AIR FORCE EVALUATION:
On 18 Aug 14, the copies of the Air Force evaluations were
forwarded to the applicant for review and comment within 30 days
(Exhibit E). As of this date, this office has not received a
response.
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has not exhausted all remedies provided by
existing law or regulations.
2. The application was timely filed.
2. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice to warrant award
of the PH. 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 has reviewed this application and
indicated there is an available avenue of administrative relief
the applicant has not first pursued. 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, aside from the administrative
corrections to award the AFCM and the AFCAM, we find no basis
upon which to recommend granting the additional relief sought in
this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that he has not exhausted all
available avenues of administrative relief prior to submitting
his application to the BCMR; and the application will only be
reconsidered upon exhausting all subordinate avenues of
administrative relief
________________________________________________________________
The following members of the Board considered Docket Number BC-
2013-05166 in Executive Session 18 Sep 14, under the provisions
of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to Docket Number
BC-2013-05166 was considered:
Exhibit A. DD Form 149, dated 21 Oct 13, w/atch.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 23 Mar 14.
Exhibit D. Letter, SAF/MRBP, dated 29 Apr 14.
Exhibit E. Letter, SAF/MRBR, dated 18 Aug 14.
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