RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03705
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) Medal for injuries he received
while deployed from September 2004 to March 2005.
APPLICANT CONTENDS THAT:
He was injured as the result of multiple Improvised Explosive
Device (IED) attacks while assigned as a gunner, providing convoy
support to the Army, in Iraq. Additionally, he received several
other injuries as a result of rocket attacks. While shaken, he
and his team continued on with their mission because everybody
seemed fine. At the time of his injuries, little was known
about non-visual injuries such as Traumatic Brain Injury (TBI).
He thought the TBI symptoms were normal stress, or wear and tear,
of a combat deployment. Further, regardless of how exhausted he
was, he never wanted to pull himself out of a mission because it
would leave his team shorthanded. His three witness further
validate the types of attacks he was subject to the lack of TBI
awareness the time. To further validate his injuries, the
Department of Veterans Affairs (DVA) increased his assigned
compensation percentage for TBI from 10% to 40A% in July, 2013.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 20 Mar 01, the applicant entered the Regular Air Force.
According to documentation provided by the applicant, his name is
listed on special mission travel orders, from , to and
return to , with a proceed date of on/about 1 Aug 05, for a
period of days.
From 5 Sep 04 to 26 Mar 05, the applicant was awarded the Army
Commendation medal for meritorious service as gun truck gunner in
support of Operation . Despite relentless insurgent attacks,
[his] courage under fire and superior convoy security ensured the
safe delivery of critical supplies to multinational corps-Iraq
forces. His selfless efforts exemplify the highest standards and
reflect great credit upon himself, his unit, the united states
army and the United States Air Force.
On 19 May 05, the applicant was released from active duty for
completion of required active service, with an honorable character
of service, and was credited with four years and two months of
active service.
On 18 Nov 14, the applicants recommendation for the PH Medal was
disapproved, based on USAFCENT/SGs determination that his
injuries did not meet criteria for award of the PH Medal.
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 18 Nov 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 18 Nov 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:
A copy of the Air Force evaluation(s) was/were forwarded to the
applicant on 29 Dec 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. 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-2014-03705 in Executive Session on 21 May 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining AFBCMR Docket Number
BC-2014-03705 was considered:
Exhibit A. DD Form 149, dated 4 May 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSID, dated 12 Dec 14.
Exhibit D. Letter, SAF/MRBR, dated 29 Dec 14.
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