RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04432

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

APPLICANT CONTENDS THAT:

On 19 May 10, while on a mission in Northern Afghanistan, he breathed ammonia gas released by insurgents and suffered permanent lung damage.

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

STATEMENT OF FACTS:

According to Reserve Order 9-7, dated 8 Sep 88, the applicant was appointed to the Air Force Reserve (USAFR) in the grade of Major (O-4), effective 2 Sep 88.

According to the applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, on 17 Dec 10, he was released from active duty and transferred to the USAFR.  He was credited with 13 years, 8 months, and 4 days of total service, to include 6 months, and 3 days of Foreign Service. 

In a letter, dated 19 Apr 12, the applicant was notified that his mandatory separation date expired on 30 Apr 13.

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/DP2SP recommends denial indicating the applicant’s request is untimely.  After a thorough review of the applicant's official military personnel record, DP2SP were unable to verify award of the Purple Heart.  Additionally, they were unable to locate a signed certificate, Special Order, or any other official documentation, nor was any provided, verifying the applicant was recommended for or awarded the Purple Heart.

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 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 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 Purple Heart Review Board (PHRB) 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 the veteran was injured, and the determination is dependent on the documentary evidence presented. In order to present the applicant's request to the PHRB, the following information is required:

	a.  A detailed personal account of the circumstances surrounding the applicant's injury to include specifics as to how the applicant was injured, exact date of injury, unit of assignment, and rank held at the time injured.

	b.  Medical documentation to substantiate medical treatment was received.  If medical documentation is not available, a statement from a medical officer (military or civilian) attesting that an examination revealed that an injury of the type incurred would or should have received medical treatment may be submitted.  Statements from individuals not substantiated by either medical or official records will not be considered sufficient evidence of wounds.  In this respect, entries on Reports of Separation are not considered official.  Concerning service-related conditions noted
by the Veterans Administration, the injury must have been a direct result of the enemy and meet the PH criteria.  Unfortunately not all service-connected conditions, as determined by the Veterans Administration, meet the criteria for the award.

	c.  An eyewitness account from an individual who saw the applicant injured and can attest to the circumstances surrounding the applicant's personal account.

The applicant did not provide an eyewitness statement or medical documentation.  While it is unfortunate that the applicant was injured, the applicant's request lacks the necessary documentation to submit to the Purple Heart Review Board for consideration of the Purple Heart.

A complete copy of the AFPC/DP2SP evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 6 Apr 16 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 that the application was not timely filed.  However, there is an available avenue of administrative relief the applicant has not first pursued, the Purple Heart Review Board.  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 that all available avenues of administrative relief have not been exhausted; and the application will only be reconsidered upon submission of documentary evidence indicating that said avenues of administrative relief have been exhausted.

The following members of the Board considered AFBCMR Docket Number BC-2015-04432 in Executive Session on 13 Dec 16 under the provisions of AFI 36-2603:

				    , Panel Chair
					   , Member
				  , Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04432 was considered:

	Exhibit A.  DD Form 149, dated 12 Oct 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2SP, dated 23 Mar 16.
	Exhibit D.  Letter, AFBCMR, dated 6 Apr 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.