SECOND ADDENDUM TO RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2014-01886-4

XXX XXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

The Board reconsider his request to be awarded the Purple Heart (PH).

RESUME OF THE CASE

The applicant is former Air National Guard staff sergeant.  

On 31 Mar 14, the applicant requested the Board award him the Purple Heart for injuries sustained while supporting Operation Enduring Freedom.  He contended they experienced a rocket attack during which he was injured while trying to egress from the top bunk.  His leg was caught in the bedframe and caused him to fall.  He tried to catch himself, but his entire right side, including his wrist, elbow, shoulder, knee and head, hit the ground.  He was unconscious for a period of time.  There was no physician available as the medical personnel were on the flight line.  He was later treated for his shoulder injury. 

On 16 Sep 14, the United States Air Forces Central Command (USAFCENT), the final award authority or recommending official for decorations based solely upon service, performance, or achievement in direct support of USAFCENT missions, disapproved the applicant’s request noting the applicant did not meet the criteria for the PH.  

On 28 Jan 15, the Board considered and denied the applicant’s request to be awarded the Purple Heart, noting that he failed to exhaust his administrative remedy by first forwarding his request to USAFCENT for reconsideration.

On 1 Apr 15, the applicant requested the Board reconsider his request.  He was informed the documentation provided in support of his request did not meet the criteria for reconsideration and that reconsideration is only provided when newly discovered relevant evidence is presented.

On 28 Nov 15, the applicant again requested reconsideration contending the Traumatic Brain Injury (TBI) he sustained during combat in a deployed location meets the criteria for the award of the Purple Heart.  On 27 Jul 17, the Board denied the applicant’s request finding the evidence submitted in support of his request for reconsideration new, but not relevant.  The applicant was informed the Board would only consider newly discovered relevant evidence not available when the application was originally submitted.  

For an accounting of the applicant’s original request and the rationale of the earlier decisions, see the AFBCMR Letter and Record of Proceedings at Exhibit L-M.

On 24 Dec 19, the applicant requested reconsideration of his request for the award of the Purple Heart again contending that he sustained TBI with loss of consciousness during combat.  He contends he has met the requirements set forth in Executive Order 11016. 

The applicant’s complete submission is at Exhibit N.

APPLICABLE AUTHORITY

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 from wounds received in action against an enemy or opposing armed force, an international terrorist attack or during military operations while serving as part of a peacekeeping force.  A wound for which the award is made must have required treatment of the wound and shall be documented in the members 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 member’s medical report that the extent of the wounds were such that they would have required medical treatment by a medical officer if one had been available to treat them.

FINDINGS AND CONCLUSION

After reviewing all Exhibits, the Board remains unconvinced the evidence presented demonstrates an error or injustice.  Based on the available evidence and documentation submitted by the applicant, this Board is not convinced the PH criteria was met as a result of the 2008 incident. Notwithstanding the above, the former service member’s personal sacrifice and unselfish service to his country is noted and our decision in no way lessens our regard for his service; however, without documentation to substantiate his injury was directly caused by enemy action, we are unable to verify his entitlement to the Purple Heart.  Therefore, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2014-01886-4 in Executive Session on 17 Jun 20:
, Panel Chair 
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit K:	Record of Proceedings, w/ Exhibits A-E, dated 28 Jan 15.
Exhibit L:	Denial of Reconsideration, undated.
Exhibit M:	Addendum to Record of Proceedings, w/Exhibits G-J, dated 27 Jul 17.
Exhibit N:	Application, DD Form 149, w/atchs, dated 24 Dec 19.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings pertaining to Docket Number BC-2014-01886-4, as required by AFI 36-2603, paragraph 4.11.9.