RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02728 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH). APPLICANT CONTENDS THAT: He just retired with 20 years of honorable military service on 31 Mar 14. He served as a Special Operations Forces Terminal Attack Controller (TACP) and military free fall instructor for 14 years. His last 6 years in the military, he served in the Texas Army National Guard and Active Duty Army as a UH-60 Blackhawk pilot. He was previously submitted for the PH during his last duty assignment at Fort Bragg by his care coalition advocate, related to late effects of Traumatic Brain Injury (TBI) symptoms based on his deployment as an Air Force TACP in 2005. The PH was submitted through the Army; however, he has now been instructed to resubmit through the Air Force since he was in the Air Force during the timeframe in question. This request is based on the new regulation related to the PH being awarded for TBI. He ignored most of his first symptoms, because he was ashamed, embarrassed, and did not want to appear weak. The Army sought more medical evidence which he does not have because he did not seek treatment. He controlled airstrikes, dropping over 200,000 pounds of ordnance in 11 ambushes on the deployment in question. The Department of Veterans Affairs (DVA) rated his disability at 100%; of which 10% was awarded based on his TBI claim. In support of his request, the applicant provided as evidence the following: Memorandum – Award of the Purple Heart, dated 31 Jan 14, DA Form 4187 – Personnel Action, copies of three DD Form 214s, copy of his Officer Record Brief, Operation ENDURING FREEDOM Contingency, Exercise and Deployment Orders, Narrative Recommendation for Award of the Silver Star, three DA Form 2823s – Sworn Statement, three Supportive Statement Memorandums, Standard Form 600 – Chronological Record of Medical Care, Copies of Enlisted Performance Reports, copies of awarded Medals, and DVA disability rating letter. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 31 Mar 14, the applicant retired from the Army and was furnished an Honorable discharge. He was credited with 20 years, 3 months and 14 days active service. The remaining relevant facts pertaining to this application are contained in the memorandums prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C and D. AIR FORCE EVALUATION: AFPC/DPSID recommends denial indicating there is no evidence of an error or an injustice. 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. After a thorough review of the applicant's official military personnel record, they were unable to verify award of the PH. The applicant requested the PH for late effect traumatic brain injury; however, they were unable to locate medical documentation at the time of injury as is stated in the PH criteria. They were, on the other hand, able to locate all the documentation needed to submit a complete package for the PH for a broken nose during an ambush in Afghanistan to include medical documentation immediately following deployment and three witness statements which provide the applicant's rank, the date of injury, and how the applicant was injured. On 16 Sep 14, United States Air Forces Central Command disapproved award of the PH stating the applicant's submission does not meet the Purple Heart criteria. However, the applicant has 1 year from the date of the disapproval (15 August 2014) to submit new relevant documentation not previously submitted for a one-time reconsideration. A copy of the United States Air Forces Central Command disapproval memo is provided for the applicant's records. It is uncertain as to whether Air Forces Central Command addressed the package as not meeting the Purple Heart criteria for late effects of TBI symptoms due to the applicant's request stating that is what he wanted the Purple Heart for or if Air Forces Central Command looked at the applicant's package for the broken nose he acquired during the ambush which we found to be a complete package and appeared to meet the criteria for the Purple Heart. A complete copy of the AFPC/DPSID evaluation is at Exhibit C. SAF/MRBP recommends denial indicating there is no evidence of an error or an injustice. Air Force Instructions are clear that members must require medical attention “at the time of the injury” to be eligible for a PH. By the applicant’s own admission, he did not require any medical treatment at the time of the events that he now states led to his TBI. In fact all evidence indicates it was several years later before medical records mention his TBI. United States Air Forces Central Command, the approval authority for all Operation ENDURING FREEDOM PH submissions, reviewed the applicant’s request and found insufficient medical documentation to support the request. They concur with the recommendation from AFPC/DPSID. A complete copy of the SAF/MRBP evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 9 Jan 15 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 there is an available avenue of administrative relief the applicant has not first pursued. 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 the evidence presented did not demonstrate the existence of material 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-2014-02728 in Executive Session on 5 May 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining AFBCMR Docket Number BC-2014-02728 was considered: Exhibit A. DD Form 149, dated 3 Jul 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSID, dated 8 Oct 14. Exhibit D. Memorandum, SAF/MRBP. Exhibit E. Letter, SAF/MRBR, dated 9 Jan 15.