RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-02728

			COUNSEL:  NONE

			HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH).


APPLICANT CONTENDS THAT:

He just retired with 20 years of honorable military service on 31 
Mar 14.  He served as a Special Operations Forces Terminal Attack 
Controller (TACP) and military free fall instructor for 14 years.   
His last 6 years in the military, he served in the Texas Army 
National Guard and Active Duty Army as a UH-60 Blackhawk pilot.  

He was previously submitted for the PH during his last duty 
assignment at Fort Bragg by his care coalition advocate, related 
to late effects of Traumatic Brain Injury (TBI) symptoms based on 
his deployment as an Air Force TACP in 2005.  

The PH was submitted through the Army; however, he has now been 
instructed to resubmit through the Air Force since he was in the 
Air Force during the timeframe in question.  This request is based 
on the new regulation related to the PH being awarded for TBI.

He ignored most of his first symptoms, because he was ashamed, 
embarrassed, and did not want to appear weak.  The Army sought 
more medical evidence which he does not have because he did not 
seek treatment.  He controlled airstrikes, dropping over 200,000 
pounds of ordnance in 11 ambushes on the deployment in question.  

The Department of Veterans Affairs (DVA) rated his disability at 
100%; of which 10% was awarded based on his TBI claim.  

In support of his request, the applicant provided as evidence the 
following:  Memorandum – Award of the Purple Heart, dated 31 Jan 
14, DA Form 4187 – Personnel Action, copies of three DD Form 214s, 
copy of his Officer Record Brief, Operation ENDURING FREEDOM 
Contingency, Exercise and Deployment Orders, Narrative 
Recommendation for Award of the Silver Star, three DA Form 2823s – 
Sworn Statement, three Supportive Statement Memorandums, Standard 
Form 600 – Chronological Record of Medical Care, Copies of 
Enlisted Performance Reports, copies of awarded Medals, and DVA 
disability rating letter.

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


STATEMENT OF FACTS:

On 31 Mar 14, the applicant retired from the Army and was 
furnished an Honorable discharge.  He was credited with 20 years, 
3 months and 14 days active service.

The remaining relevant facts pertaining to this application are 
contained in the memorandums prepared by the Air Force offices of 
primary responsibility (OPR), which are attached at Exhibits C and 
D.    


AIR FORCE EVALUATION:

AFPC/DPSID recommends denial indicating there is no evidence of an 
error or an injustice.  

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 a 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 member's medical and/or health 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.

After a thorough review of the applicant's official military 
personnel record, they were unable to verify award of the PH.  

The applicant requested the PH for late effect traumatic brain 
injury; however, they were unable to locate medical 
documentation at the time of injury as is stated in the PH 
criteria.  They were, on the other hand, able to locate all the 
documentation needed to submit a complete package for the PH for 
a broken nose during an ambush in Afghanistan to include medical 
documentation immediately following deployment and three witness 
statements which provide the applicant's rank, the date of 
injury, and how the applicant was injured.

On 16 Sep 14, United States Air Forces Central Command 
disapproved award of the PH stating the applicant's submission 
does not meet the Purple Heart criteria.  However, the applicant 
has 1 year from the date of the disapproval (15 August 2014) to 
submit new relevant documentation not previously submitted for a 
one-time reconsideration.  A copy of the United States Air 
Forces Central Command disapproval memo is provided for the 
applicant's records.

It is uncertain as to whether Air Forces Central Command 
addressed the package as not meeting the Purple Heart criteria 
for late effects of TBI symptoms due to the applicant's request 
stating that is what he wanted the Purple Heart for or if Air 
Forces Central Command looked at the applicant's package for 
the broken nose he acquired during the ambush which we found to 
be a complete package and appeared to meet the criteria for the 
Purple Heart.

A complete copy of the AFPC/DPSID evaluation is at Exhibit C.

SAF/MRBP recommends denial indicating there is no evidence of an 
error or an injustice.  

Air Force Instructions are clear that members must require medical 
attention “at the time of the injury” to be eligible for a PH.  By 
the applicant’s own admission, he did not require any medical 
treatment at the time of the events that he now states led to his 
TBI.  In fact all evidence indicates it was several years later 
before medical records mention his TBI.  United States Air Forces 
Central Command, the approval authority for all Operation ENDURING 
FREEDOM PH submissions, reviewed the applicant’s request and found 
insufficient medical documentation to support the request.  They 
concur with the recommendation from AFPC/DPSID. 

A complete copy of the SAF/MRBP evaluation is at Exhibit D.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 9 Jan 15 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 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 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.


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-2014-02728 in Executive Session on 5 May 15 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining AFBCMR Docket Number 
BC-2014-02728 was considered:

	Exhibit A.  DD Form 149, dated 3 Jul 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSID, dated 8 Oct 14.
	Exhibit D.  Memorandum, SAF/MRBP.
	Exhibit E.  Letter, SAF/MRBR, dated 9 Jan 15.