RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05973 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH). ________________________________________________________________ APPLICANT CONTENDS THAT: On 6 Apr 2008, he was wounded in Baghdad, Iraq. In support of his request, the applicant provides copies of AFPC/DPSD letter showing partial approval for Combat Related Special Compensation (CRSC) and an identification badge. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant was on active duty this period from 5 Jan 2008 to 27 Jan 2010. He was deployed to Iraq from Jan to Apr 2008 as a member of the Tennessee Air National Guard (ANG). 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 part of a peace keeping 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 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. In May 2013, the applicant’s request was forwarded to the original award approval authority, Air Forces Central Command (AFCENT) who attempted to reach the applicant for additional medical documentation to support his claim of injury. However, they did not receive a response from the applicant. Subsequently, the applicant’s request for award of the PH was disapproved by AFCENT on 22 Nov 2013 due to lack of medical documentation to support his claim. Should the applicant choose to, he may submit directly to AFCENT for a one- time reconsideration of his request. If his reconsideration request is denied, the applicant may then submit a new DD Form 149 to include a copy of the final denial decision from AFCENT. To grant relief would be contrary to the criteria established by the Department of Defense (DOD) Manual 1348.33, Manual of Military Decorations and Awards, the Secretary of the Air Force and the Chief of Staff. The complete DPSID evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 25 Feb 2014, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit E). ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has not 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. After thoroughly reviewing the evidence of record and the applicant’s contentions, we are not persuaded the requested relief should be granted. 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 (OPR) has reviewed this application and stated that the applicant may submit directly to AFCENT for a one-time reconsideration of his request. 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, until such time as he has exhausted all available administrative remedies, we find no basis to recommend granting the relief requested. ________________________________________________________________ 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-2012-05973 in Executive Session on 3 Apr 2014, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 18 Dec 2013, w/atchs. Exhibit B. Master Military Personnel Records. Exhibit C. Letter, SAF/LLI, dated 22 Jan 2013. Exhibit D. Letter, AFPC/DPSID, dated 6 Jan 2014. Exhibit E. Letter, SAF/MRBR, dated 25 Feb 2014. Panel Chair