RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:		 DOCKET NUMBER: BC-2013-01129
		  		 COUNSEL:  NONE
  		  		 HEARING DESIRED:  NO
			
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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) for injuries sustained during an Indirect Fire (IDF) rocket attack on 5 Mar 2008 while deployed to Camp Adder, Iraq.

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APPLICANT CONTENDS THAT:

On 5 Mar 2008, at approximately 2100 hours, the Army housing area was attacked by two IDF rockets.  He was approximately    30 meters from the initial blast which knocked him over a concrete barrier.  After 30 seconds of disorientation from the blast concussion and overwhelming smoke and fire, he began assisting two soldiers trapped when the impact of a second rocket caused glass and debris to scatter in his eyes and face.  He was transported to the hospital where he was treated and placed in the Intensive Care Unit (ICU) for the night.  As a result of the attack and injuries incurred, a PH award nomination was submitted to Air Force Central Command (AFCENT).  

In Jan 2011, he inquired with his chain of command on the status of his PH award and was informed that his package was denied as he did not submit the appeal within one year of the initial disapproval notification as required by AFCENT policy. He was never notified that the initial submission was disapproved.   

In Jun 2011, after submitting his exception to policy request, he was advised that the request was denied due to the time frame constraints.  

He was a Joint Expeditionary (JET) airman attached to an Army unit which caused numerous delays and misinformation with his Administrative Control (ADCON) Air Force unit.  Information passed from the hospital to his ADCON Air Force unit to the AFCENT Commander was not completely detailed or accurate causing denial of the PH and he requests a review of the provided documents.

In support of the request, the applicant provides copies of casualty status reports, medical information, E-mails and a letter of support.

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

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STATEMENT OF FACTS:

The applicant is currently on active duty serving in the grade of major (O-4).  

He was deployed to Ali Air Base, Iraq, from 15 Nov 2007 to      12 May 2008.  

He was awarded a Meritorious Service Medal (MSM) for Outstanding Achievement for the period of his deployment.   

He was awarded the Army Achievement Medal, for the period of   18 Jan to 21 Jan 2008, for achievement in the aftermath of an ambush on coalition forces.   

According to the AFCENT/A1 E-mail, dated 12 Jan 2011, the initial submission was disapproved on 2 Apr 2008.  The applicant was advised he could submit an exception to policy for reconsideration.    

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 member’s 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 member’s 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. 

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AIR FORCE EVALUATION:

AFPC/DPSID recommends denial.  DPSID states that although his initial submission was disapproved, he has not exhausted all administrative channels for relief.  The applicant should submit an exception to policy request to AFCENT for reconsideration for award of the PH.  After the applicant has exhausted this available administrative remedy and the applicant still determines an injustice exists, he may then resubmit the request to the Board for consideration.  Furthermore, the medical records show that that the injuries were classified as not battle related and the letter of support from the chaplain attests to the fact that he was present at the hospital and was not an eyewitness to the incident.  At this time, to grant the applicant relief would be contrary to the eligibility criteria established by Department of Defense Manual 1348.33, Manual of Military Decorations and Awards, and Air Force Instruction      36-2803, Air Force Awards and Decorations Program.     

The complete DPSID evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 7 Jun 2013 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit D).

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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.  After thoroughly reviewing the evidence of record and the applicant’s contentions, we are not persuaded the requested relief should be granted.  The applicant has not provided evidence of actions on his part to obtain the relief he seeks through the proper administrative channels.  The AFBCMR process is not intended as a substitute for the proper utilization of established channels, such as AFCENT for the type of correction he seeks.  Until such time as he has exhausted all available administrative remedies, we find no basis to recommend granting the relief requested.  

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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-2013-01129 in Executive Session on 17 Dec 2013, under the provisions of AFI 36-2603:

	 , Panel Chair
         , Member
         , Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 Mar 2013, w/atchs.
    Exhibit B.  Master Military Personnel Records.  
    Exhibit C.  Letter, AFPC/DPSID, dated 13 May 2013.
    Exhibit D.  Letter, SAF/MRBR, dated 7 Jun 2013.  
    



                                    
                                   Panel Chair