RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02615 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) Medal. ________________________________________________________________ _ APPLICANT CONTENDS THAT: He injured himself during an active combat situation that resulted in him being transported from the area of responsibility (AOR) to Germany; ultimately being discharged. In support of his request, the applicant provides a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, and a copy of a letter of support. His complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant received an honorable discharge on 3 Feb 10 after serving 9 years, 1 month, and 29 days on active duty. On 5 Feb 13, the AFBCMR sent the applicant a letter that administratively closed his case until he exhausted all available avenues of administrative remedies prior to applying to the BCMR. On 24 Sep 12, 11 Jun 13, and 22 Nov 13, the United States Air Force Central (AFCENT) Decorating Processing Unit considered the applicant’s request to be awarded the PH; however, they disapproved all requests. The Purple Heart 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. ________________________________________________________________ _ AIR FORCE EVALUATION: AFPC/DPSID recommends denial. The applicant’s request to be awarded the PH was submitted to the original approval authority/recommending official for decorations based solely on service in support of Operation ENDURING FREEEDOM/IRAQI FREEDOM. However, on 24 Sep 12, USAFCENT disapproved the applicant’s request to be awarded the PH. If the applicant chooses to submit his request for reconsideration, additional/follow-up medical documentation will need to be submitted in order for the request to be reconsidered by USAFCENT. The complete DPSID evaluation is at Exhibit C. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 1. He requested reconsideration through the USAFCENT Decoration Processing Unit; however, his requests were denied. He now submits a request to the BCMR showing that he has exhausted all administrative remedies. 2. While he was attached to the combined task force Phoenix Kabul Afghanistan International Airport (KAIA) on 4 Aug 09, he was injured after an insurgent rocket attack while taking defensive measures. He received basic medical treatment at the time and remained in the AOR for as long as possible following the injury. After a medical facility was established, he reported in and was seen. He was diagnosed with a possible torn meniscus and was sent out on medevac to Landstuhl Germany for further evaluation and tests. It was determined that he had severely injured his knee and had to be sent stateside for surgery. Once the surgery was complete, his knees and back were nowhere near 100 percent, so he decided to separate from the Air Force after serving 12 years on active duty. 3. Since that time, the Department of Veterans Affairs (DVA) has determined his injuries were service connected and rated him at 90 percent disabled. He provides medical records and a statement from his Non-Commissioned-Officer-In-Charge (NCOIC) who served with his at the time of his injury. The applicant’s complete submission, with attachments, is at Exhibit E. ________________________________________________________________ _ THE BOARD CONCLUDES THAT: 1. The applicant has 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. After a thorough review of the available evidence and applicant’s complete submission, we find no evidence the records should be corrected to show he was awarded the PH. While the applicant may be receiving a service-connected disability from the DVA, this in and of itself, does not substantiate his entitlement to the PH. In addition, based on a preponderance of the evidence presented and the lack of official documentation to support his contention, we find the applicant has not met his burden of establishing the existence of an error or an injustice with respect to his entitlement to the PH. 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. In the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. ________________________________________________________________ _ 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. ________________________________________________________________ _ The following members of the Board considered AFBCMR Docket Number BC-2012-02615 in Executive Session on 16 Jan 14, under the provisions of AFI 36-2603: , Chair , Member , Member The following documentary evidence for AFBCMR Docket Number BC- 2012-02615 was considered: Exhibit A. DD Form 149, dated 11 Jun 12, w/atchs. Exhibit C. Letter, AFPC/DPSID, dated 3 Nov 12. Exhibit D. Letter, SAF/MRBR, dated 26 Nov 12. Exhibit E. Email, Applicant, dated 3 Dec 13. FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974 FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974 This document contains information which must be protected IAW AFI 33-332 and DoD Regulation 5400.11; Privacy Act of 1974 as Amended Applies, and it is For Official Use Only (FOUO).