RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01886
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) Medal for injuries he
received while deployed.
APPLICANT CONTENDS THAT:
While deployed to Afghanistan in 2008, he was injured while
egressing to his shelter position during a mortar/rocket attack.
The applicant was on his top bunk at the time of attack. When
he tried to climb down to move to his designated protective
bunker, his foot became entangled in part of the bedframe and he
fell uncontrollably to the ground. He injured the entire left
side of his body and his head. After the attack, he received
treatment for injuries to his shoulder but not his head. When
he returned home, the Department of Veterans Affairs (DVA)
diagnosed him with a Traumatic Brain Injury (TBI). He contends
his injuries meet the conditions and requirements for the PH
Medal and the recognition would help with his therapy.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant served in the Air National Guard (ANG) during the
matter under review.
On 5 Mar 10, the applicant was ordered to active duty in support
of Operation ENDURING FREEDOM and, according to the remarks
section of his DD Form 214, Certificate of Release or Discharge
from Active Duty, served in Afghanistan during the period
9 Mar 10 through 17 May 10.
On 3 Jun 10, the applicant was demobilized (released from active
duty) and reverted to his traditional (part-time) status as a
member of the ANG and was credited with 2 months and 29 days of
active service for this period.
On 16 Sep 14, United States Air Forces Central Command (USAFCENT)
denied the applicants request for the PH Medal for not meeting
PH Medal criteria.
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 there is no evidence of
an error or an injustice. 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 from 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
forces, an international terrorist attack or during military
operations while serving as a part of a peacekeeping force. A
wound for which the award is made must have required treatment
of the wound and 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 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.
The applicant has administrative relief he has not yet
exhausted. The applicant's request was forwarded to the
original award approval authority, USAFCENT for consideration.
On 16 Sep 14, USAFCENT disapproved award of the PH Medal as the
provided justification did not support approval of the award.
However, the applicant has one year from 16 Sep 14 to submit new
relevant documentation not previously submitted for a one-time
reconsideration. To grant relief would be contrary to the
criteria established by DoDM 1348.33, Secretary of the Air
Force, Chief of Staff, and/or the War Department.
A complete copy of the AFPC/DPSID evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reiterates he suffered a TBI during a rocket
attack and that doctors were not readily available to treat his
injuries. He provides his Disability Benefits Questionnaire
(DBQ), signed by a DVA psychiatrist. He states he also provided
an additional witness statement; although the witness is now
deceased. However, the witness statement could not be found in
his rebuttal documentation (Exhibit E).
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 an 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. 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, in
view of the above, we find no 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-2014-01886 in Executive Session on 28 Jan 15 under the
provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2014-01886 was considered:
Exhibit A. DD Form 149, dated 31 Mar 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIDR, dated 14 Oct 14.
Exhibit D. Letter, SAF/MRBR, dated 17 Nov 14.
Exhibit E. Letter, Applicant, dated 17 Nov 14.
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