RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-01411

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal for his Traumatic Brain Injury (TBI) that was a direct result of armed conflict.  

APPLICANT CONTENDS THAT:

In 2004, he was exposed to multiple concussive blasts in close proximity to incoming enemy fire in Iraq.  However, he was not properly screened and evaluated for his symptoms. 

He is entitled to the PH medal because the resultant service-connected conditions of Traumatic Brain Injury (TBI and Post-Traumatic Stress Disorder (PTSD) did not manifest itself until he appealed to the Secretary of the Air Force Personnel Council (SAFPC) and TBI was added to his AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board, dated 7 Jul 14.

In support of his request, the applicant provides a personal statement, a letter from his psychologist, copies of AF Forms 356; DD Form 214, Certificate of Release or Discharge from Active Duty; AF Forms 1180, Action on PEB Findings and Recommended Disposition; special orders, excerpts from medical records, memoranda, Letter of Reprimand (LOR), and various other documents associated with his request.

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

STATEMENT OF FACTS:

Based on the available records, on 18 Aug 99, the applicant enlisted in the Regular Air Force.  On 7 Jul 06, he was honorably discharged in the grade of staff sergeant (E-5) after serving 6 years, 10 months and 20 days of active service.

According to the applicant’s DD Form 4/1, Enlistment/Reenlistment Document Armed Forces of the United States, dated on 6 May 07, he enlisted in the Air Force Reserve for a period of six years in the grade of E-5. 

On 7 Jul 14, SAFPC determined the applicant’s PTSD with TBI and Lumbago were unfitting conditions and recommended his name be removed from the TDRL and he be permanently retired with a compensable percentage for physical disability of 50 percent IAW VASRD guidelines.  SAFPC noted it considered the applicant’s contention for increasing the disability rating applied to his PTSD as well as adding TBI with Headaches, Insomnia, and Memory/Focus deficiencies as a Category I unfitting condition.  

On 15 Oct 14, the SECAF directed the applicant’s name be removed from the TDRL and he be permanently retired effective 4 Nov 14, with a compensable disability rating of 50 percent for physical disability.  He was credited with 7 years and 21 days active duty service for retirement.  

On 14 Mar 16, the applicant was advised that the AFBCMR is the highest administrative level of appeal in the Air Force.  AFI 36-2603, AFBCMR, paragraph 4.7.3 requires that if an applicant has not exhausted all available effective administrative remedies, the application will be denied by the Board on that basis.     

AIR FORCE EVALUATION:

AFPC/DPSID recommends denial for award of the PH.  The applicant may submit for a one-time reconsideration of the original award approval authorities decision provided the request is submitted within one year of the awarding authorities decision (2 Jun 15).  In order for the one-time reconsideration request to be reasonably considered the applicant needs to provide new relevant documentation not previously considered.  To grant relief would be contrary to the criteria established by Department of Defense Manual (DoDM) 1348.33, the Secretary of the Air Force, the Chief of Staff, and/or the War Department.

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.

On 14 May 15, the applicant’s request was forwarded to the United States Air Force Central (USAFCENT) Command (original approval authority).  On 2 Jun 15, AFCENT denied the applicant’s request for award of the PH.  

According to an USAFCENT memorandum dated 2 Jun 15, the disapproval was based on USAFCENT/Surgeon General’s determination, that following a thorough review of medical documentation available in the Theater Medical Data Server and/or Armed Forces Health Longitudinal Technology Application (AHLTA) that the injuries sustained does not meet criteria for award of the PH.  Per AFI 36-2803, The Air Force Military Awards and Decorations Program, dated 18 Dec 13.  Specifically, noted was additional/follow-up medical documentation would be required in order for further consideration.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In an Electronic Mail (email), dated 30 Mar 16, the applicant states he does not have any additional information to add to his request for award of the PH (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 error or injustice.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  We took notice of the applicant’s complete submission in judging the merits of the case; however, we did not find the evidence, to our satisfaction, sufficiently establishes that the applicant meets the criteria for award of the PH.  Aside, the applicant was given additional time to submit medical documentation that meets the criteria for the PH; however, he indicates that he has no additional information to add to his request.  Therefore, 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 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-2015-01411 in Executive Session on 26 Apr 16 and 11 Aug 16, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-01411 was considered:

	Exhibit A.  DD Form 149, dated 31 Mar 15, w/atchs.
	Exhibit B.  Applicant’s Available Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSID, dated 10 Aug 15, 
  w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 21 Sep 15.
	Exhibit E.  Email, Applicant, dated 30 Mar 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.