RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01934 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) Medal. ________________________________________________________________ APPLICANT CONTENDS THAT: He did not receive the PH when he was injured as a consequence of enemy mortar fire on 12 April 2004. No one in his unit took the initiative to put him in for the award. When he returned home – the commander of the unit at the time did not recall the incident. He is currently receiving compensation from the Department of Veterans Affairs (DVA) for his combat injuries. In support of his appeal, the applicant submits a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, a letter of support, and Special Order No. ACD-01466. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 2 August 2010, the Secretary of the Air Force Personnel Council (SAFPC) directed the applicant be permanently retired under the provisions of 10 U.S.C. 1201. On 22 August 2010, the applicant was removed from the Temporary Disability Retired List (TDRL) in the grade of master sergeant with a compensable rating of 40 percent for physical disability. He was credited with 1 year, 7 months, and 28 days active service for retirement and 20 years, 2 months and 18 days service for basic pay. 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. ________________________________________________________________ _ AIR FORCE EVALUATION: AFPC/DPSID recommends denial. DPSID states after a thorough review of the applicant’s official military record, they were unable to locate official documentation to verify award of the PH. The applicant did not provide a detailed personal account of how the injury occurred, medical documentation from the date the injury occurred verifying medical treatment was required and received, and eyewitness statements from individuals who saw the applicant injured and can attest to the circumstances in which the applicant was injured. The applicant provided a statement from the Superintendent of Nursing Services for the 332nd Expeditionary Medical Group, Balad, Iraq, during the time period in question, who states that he was responsible for investigating and filing the line of duty injury report relating to the applicant's injury. Unfortunately, the statement provided is not an eyewitness statement. He did not see the incident in question, and his statement appears to be based on information given to him after the fact. The applicant's request could not be forwarded to the original award approval authority, the United States Air Forces Central Command, as his request lacked the required documentation in order for his request to be reasonably considered. The DPSID complete evaluation is at Exhibit C. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 14 March 2014, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit D). As of this date, this office has received no response. ________________________________________________________________ _ THE BOARD CONCLUDES THAT: 1. The applicant has 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. The applicant’s contentions are duly noted; however, after reviewing the evidence of record we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not provided sufficient evidence that validates his entitlement to the Purple Heart Medal. Therefore, we find no basis to recommend granting the relief sought in this application. 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 the evidence presented did not demonstrate the existence of an 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-2013-01934 in Executive Session on 1 May 2014, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-01934 was considered: Exhibit A. DD Form 149, dated 5 May 2013, w/atchs. Exhibit B. AF IMT 348, AF IMT 618, Special Order No. ACD 02317, Chronological Records of Medical Care, Standard Form 88, Standard Form 93, AF Form 422, AF Forms 356, and MEB Documentation. Exhibit C. Letter, AFPC/DPSID, dated 28 February 2014. Exhibit D. Letter, SAF/MRBR, dated 14 March 2014. 3 4 5