RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03092 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: 1. His medical discharge be changed to a medical retirement. 2. He be awarded the Purple Heart Medal. _________________________________________________________________ APPLICANT CONTENDS THAT: He has a doctor’s letter stating surgery has left him permanently disabled. He has a roommate helping him take care of his basic needs because he cannot care for himself. He believes he should have been evaluated for Post-Traumatic Stress Disorder (PTSD) when he returned from Iraq in 2003. He has dreams of war and wakes up in cold sweats. He cannot sleep unless medicated and then he wakes up feeling exhausted for the day. On a good day, he gets four hours of sleep. He also developed severe back injuries and Traumatic Brain Injury (TBI). He was diagnosed with TBI in 2013 as he did not have a brain scan while in the military. He has a caregiver from the Department of Veterans Affairs because he cannot fully take care of himself. In support of the appeal, the applicant provides notes from his physicians. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 10 February 1997. He was processed through the Disability Evaluation System (DES), based on the diagnosis of chronic right shoulder pain, history of multiple injuries, ultimately resulting in an unfit finding. He was discharged with severance pay and a 10 percent disability rating. The applicant was honorably discharged on 7 November 2007. His narrative reason for separation was listed as disability, severance pay. He was credited with 10 years, 1 month and 28 days of active duty service. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPFD recommends denial of the applicant’s request for a medical retirement. The Informal Physical Evaluation Board (IPEB) reviewed the applicant’s case on 22 August 2007 and recommended discharge with severance pay (DWSP) with a disability rating of 10 percent for the diagnosis of chronic right shoulder pain, history of multiple injuries. The IPEB noted that he had adequate range of motion and 4/5 strength of the right shoulder. His pain was likely from pain and guarding with weakness from limited use rather than multiple neurological injuries. The IPEB also noted there was no evidence his neck and spine were unfitting for military service. On 23 August 2007, the applicant non-concurred and requested a formal hearing with counsel. On 7 September 2007, he requested a waiver of the formal hearing and accepted the recommendation of the IPEB. He was not boarded for PTSD and waived his right to have his condition reviewed by the Formal Board and the Secretary of the Air Force Personnel Council. As background, the Department of Defense (DoD) and the Department of Veterans Affairs (DVA) disability evaluation systems operate under separate laws. Under Title 10, U.S.C, Physical Evaluation Boards must determine if a member’s condition renders them unfit for continued service relating to their office, grade, rank or rating. The fact that a person has a medical condition does not mean that the condition is unfitting for continued military service. To be unfitting, the condition must be such that it alone precludes the member from fulfilling their military duties. The USAF disability board must rate disabilities based on the member’s condition at the time of evaluation, in essence a snapshot of their condition at that time. It is the charge of the DVA to pick up where the AF must, by law, leave off. Under Title 38, the DVA may rate any service-connected condition based upon future employability or reevaluate based on changes in the severity of a condition. The preponderance of the evidence reflects that no error or injustice occurred during the disability process. The complete DPFD evaluation is at Exhibit C. AFPC/DPSID recommends denial of the Purple Heart. 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 such enemy or opposing armed force, an international terrorist attack or during military operations while serving as 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 members medical and/or health record. Award of the Purple Heart may be made for wounds treated by a medical professional other than a medical officer, provided a medical officer includes a statement in the member’s medical report that the extent of the wounds were such that they would have required medical treatment by a medical officer of one had been available to treat them. After a thorough review of the applicant’s official military personnel record, the award of the Purple Heart could not be verified. The Purple Heart Review Board has the authority, on behalf of the Secretary of the Air Force, to determine a veteran’s award of the Purple Heart. Each request is considered based on the policies and criteria in use at the time of the veteran’s injury and based on the documentary evidence presented. However, the applicant must submit the required documentation for review. There is no special order, recommendation or signed certificate in the applicant’s record indicating that he was recommended for, or awarded the Purple Heart. There is also no evidence the applicant suffered an injury through enemy contact. A diagnosis of PTSD does not meet the eligibility criteria for the award of the Purple Heart. The complete DPSID evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 24 December 2013, for review and comment within 30 days (Exhibit E). As of this date, this office has received no response. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existinglaw 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 an error or injustice with regard to the applicant’s disability rating or the award of the Purple Heart Medal. Evidence has not been submitted which would lead us to believe the rating he received at final disposition was improper or that he was not afforded due process through the disability evaluation system. Additionally, we found no evidence the applicant was submitted for, or awarded the Purple Heart Medal. Therefore, we agree with the opinion and recommendation of the Air Force offices of primary responsibility and adopt their 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 favorable consideration of the applicant’s request. 4. The applicant's 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 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-2013-03092 in Executive Session on 20 March 2014, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-3092 was considered: Exhibit A. DD Form 149, dated 23 Jun 13, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPFD, dated 11 Sep 13. Exhibit D. Letter, AFPC/DPSID, dated 12 Nov 13. Exhibit E. Letter, SAF/MRBR, dated 24 Dec 13. 1 2