RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05179
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
His records be corrected to reflect he was awarded the Purple Heart (PH) Medal.
APPLICANT CONTENDS THAT:
His original Purple Heart package was repeatedly misplaced throughout his chain of command. Both his home station and deployed commanders supported the PH submission for his injuries, which he sustained when an enemy sniper struck his body armor with a shot that sent shrapnel into his neck and face and required medical treatment by a medical officer.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant served in the Air Force Reserve in the grade of chief master sergeant (E-9) during the matter in question.
On 14 Feb 11, the applicant was awarded the Air Force Combat Action Medal (AFCAM) for the active participation in combat having been personally present and under direct enemy hostile fire on 19 Feb 10.
The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial indicating the applicants request should be denied as he has failed to exhaust his administrative remedies prior to applying to the AFBCMR. After a thorough review of the applicant's official military personnel record, award of the PH could not be verified. The applicant's request was forwarded to the original award approval authority, United States Air Forces Central Command (USCENTCOM), on 17 April 2014 for consideration of the PH, but was disapproved by USCENTCOM on 13 June 2014. According to the original award approval authority, the applicant's request was disapproved as it did not meet the criteria for award of the PH. The PH Medal 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 and/or health record.
If the applicant elects, he may submit for a one-time reconsideration of USCENTOMs decision; however, USCENTCOM advises they will require new additional/follow-up medical documentation to reconsider the applicant's request. If after the applicant submits for a one-time reconsideration to USCENTCOM and is denied a second time, only then will he have exhausted his administrative channels and can then submit a new DD Form 149 request for the PH.
A complete copy of the AFPC/DPSID evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 16 Sep 14 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office.
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. 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. AFPC/DPSID has reviewed this application and indicated the original award approval authority, United States Air Forces Central Command (USCENTCOM) 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, in view of the above, we find no compelling basis to recommend granting the relief sought in this application
4. The applicants 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 material 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-2013-05179 in Executive Session on 4 Nov 14 under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-05179 was considered:
Exhibit A. DD Form 149, dated 28 Oct 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 8 Aug 14, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 16 Sep 14.
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