RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2016-03649

XXXXXXXXXXXXX				COUNSEL: NONE

							HEARING: NO 

APPLICANT REQUESTS THAT:  

His records be corrected as follows:

a. His official medical record be corrected to reflect treatment for a severe concussion from a roadside improvised explosive device (IED), 

b. He be awarded a Purple Heart (PH) medal.

APPLICANT CONTENDS THAT:

On 2 Feb 08, north of Baghdad, Iraq, he was injured by a roadside IED, and treated for a severe concussion.  However, his medal records do not indicate this treatment.  The high operational tempo, and nature of the deployment environment may have contributed to the information being omitted.  Furthermore, at the time, concussion injuries were not given the same significance of physical injuries.  At the time of the injury he would not have been eligible for a PH, but with changes to qualifying criteria he should now be eligible.  He was working with AFCENT for over 2-years to have this corrected, but was denied because the injury was not annotated in his medical records.

STATEMENT OF FACTS:

The applicant is an Air Force technical sergeant.  

On 27 Mar 18, USAFCENT/ACD denied the applicant’s reconsideration request for award of the PH as the request did not meet the requirement of documentation detailing diagnosis and treatment from a medical professional at the time of injury.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFMOA/SGH recommends granting the application.  

The applicant’s medical history is void of any history of follow-up treatment for concussion due to roadside IED on or about 2 Feb 08.  Memorandum for Record (MFR), dated 11 Aug 16, by USAF Medical Doctor reflects “I saw and treated [the applicant] in February of 2008 when he returned to the Baghdad International Airport (BIAP) Clinic in Sather AB after the vehicle he was driving in was hit by an Improvised Explosive Device (IED)” and “injuries included a ruptured ear drum and a concussion both consistent with a blast injury.  I was the Medical Officer that cared for him directly.”  The applicant provided 2 witness letters, and a letter of recommendation for award of the PH.  On 23 Mar 16, USAFCENT/ACD disapproved the recommendation for PH for the applicant, and indicated the request did not meet the requirement of documentation detailing diagnosis and treatment from a medical professional at the time of injury.    

The injuries sustained by the applicant are consistent with a blast injury.  The attending physician validated she created the documentation that should be available in the applicant’s health history, and that his injuries were consistent with traumatic brain injury (TBI).  Medical documentation has been submitted in MFR format by the physician who treated the applicant following the injury.  Recommend the applicant be awarded the PH for injuries sustained on 2 Feb 08.

The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 24 Aug 18 for comment (Exhibit D), and the applicant replied on 28 Aug 18.  The applicant provided a Letter of Review Recommendation from his commander, dated 25 Sep 16, which is unsigned, indicating support for award of the PH.  The letter indicates the applicant’s lack of medical documentation was through no fault of his own, and he was able to locate the medical officer who treated him and obtain documentation.  Additionally, the applicant had sought continuous treatment for his medical conditions.  The applicant’s complete response is at Exhibit E. 

THE BOARD CONCLUDES:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFMOA/SGH and finds that a preponderance of the evidence substantiates the applicant’s contentions.  Additionally, we note a medical narration has been submitted by the attending physician who has validated the applicant’s injuries were consistent with a blast injury.  Therefore, based on the aforementioned, the Board recommends the applicant’s records be corrected as indicated below.

THE BOARD RECOMMENDS:  

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that:

	a. The Memorandum for Record, dated 11 August 2016, be entered as part of his health history into the Health Artifact and Image Management Solution (HAIMS).

	b. He be awarded the Purple Heart Medal for injuries sustained on 2 February 2008.

CERTIFICATION:  

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5., considered Docket Number BC-2016-03649 in Executive Session on 2 Oct 18:

	, Panel Chair
	, Panel Member
	, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:  Application, DD Form 149, w/atchs, dated 6 Sep 16.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:  Advisory opinion, AFMOA/SGH, w/atchs, dated 20 Aug 18.
Exhibit D:  Notification of Advisory, SAF/MRBC to applicant, dated 24 Aug 18.
Exhibit E:  Applicant’s response, w/atch, dated 28 Aug 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.