RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05533
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) Medal.
APPLICANT CONTENDS THAT:
He sustained injuries during his deployment to Iraq which warrants award of the PH medal. At the time of his injury, he did not know the signs/symptoms of a traumatic brain injury (TBI) or concussion, nor did he understand the potential long-term negative effects. He thought his symptoms from the injury were normal and did not require medical treatment. His Post-Deployment Health Re-Assessment (PDHRA) indicated potential TBI with persistent symptoms; however, he was not referred for additional evaluations. The Department of Defense released clarification on the PH criteria in early 2011, which was four years after his injury. He did not become aware of his eligibility under the revised standards until September of 2013.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicants military personnel records indicate he served in the Air Force Reserve in the grade of technical sergeant (E-6) during the matter under review.
On 12 Jul 07, the applicant was ordered to active duty under Title 10, United States Code, Section 12301 in support of Operation Iraqi Freedom.
On 9 Mar 08, the applicant was released from active duty and reverted to his traditional (part-time) status as a member of the Air Force Reserve.
The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial. After a thorough review of the applicants official military personnel record, verification could not be made for award of the PH medal. Although the applicant provided a detailed personal account of how the injury occurred, he did not include his unit of assignment. In addition, he did not provide medical documentation from the date the injury occurred verifying medical treatment was required and received, or eyewitness statements from individuals who saw his injury and can attest to the circumstances in which he was injured. The applicant provided a statement from his medical squadron, dated 14 Sep 2013, indicating that he should have been seen by a medical provider while deployed in Iraq. Unfortunately, this statement does not state the injury claimed by the applicant would have required treatment, as required by the criteria for the PH. There is no medical documentation supporting the applicants claim earlier than a PDHRA, and that appears to be self-reporting by the applicant. Lastly, the applicants request could not be forwarded to the original award approval authority, as his request lacked the required documentation for reasonable consideration. To grant relief would be contrary to the criteria established by DoDM 1348.33, the Secretary of the Air Force, Chief of Staff, and/or the War Department.
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 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 Medal 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.
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 8 Sep 14 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D).
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. After thoroughly reviewing the evidence of record, we are not persuaded that relief is warranted. Therefore, 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 that the applicant has not been the victim of an error or injustice. The applicants personal sacrifice to our Nation is duly noted; however, without documentation to substantiate that he meets the criteria for award of the PH, we find no basis to recommend granting the relief sought in this application.
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-2013-05533 in Executive Session on 16 Oct 14, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-05533 was considered:
Exhibit A. DD Form 149, undated, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 24 Mar 14.
Exhibit D. Letter, SAF/MRBR, dated 8 Sep 14.
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