IN THE MATTER OF:	DOCKET NUMBER: BC-2015-04635	COUNSEL:	NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) Medal.

APPLICANT CONTENDS THAT:
He believes his record is unjust due to being wounded in combat and he should receive the PH for receiving a concussion and traumatic brain injury (TBI), along with two herniated discs that were sustained from an improvised explosive device on 7 January 2010. He is still living with the effects of the incident, including severe Post Traumatic Stress Disorder (PTSD). Additionally, the Department of Veterans Affairs (DVA) has acknowledge his TBI and herniated discs, as did the Air Force in his disability ratings. He received the Air Force Combat Action Medal (AFCAM) for suffering from effects of a concussion.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 8 August 2006.

On 8 October 2013, the applicant was placed on the Temporary Disability Retired List (TDRL). According to his AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board (PEB), dated 2 March 2016, the Informal PEB (IPEB) found the applicant unfit for duty for the following:
CATEGORY I – UNFITTING CONDITIONS
1.	PTSD with Major Depressive Disorder, Moderate, Recurrent.
2.	Herniated Disc Syndrome Lumbar Spine.
3.	History of TBI to Include Headaches.
According to Special Order No. ACD-02817, dated 21 June 2016, effective 11 July 2016 the applicant was removed from the TDRL and permanently retired in the grade of Senior Airman (SrA) with a 40

percent compensable rate for physical disability and was credited with 7 years and 2 months of active service. His disability was received in the line of duty as a direct result of armed conflict or caused by an instrumentality of war and incurred in the line of duty during a period of war and was direct result of a combat related injury.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.

AIR FORCE EVALUATION:
AFPC/DP2SP recommends denial noting that the request was not submitted in a timely manner. In addition, the original award approval authority has considered the applicant’s request for award of the PH twice and both times determined the applicant’s medical documentation did not meet the award criteria. The applicant has not provided any new documentation with this request that was not previously considered by Air Forces Central Command (AFCC).

By way of background, 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 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 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.
A complete copy of the AFPC/DP2SP evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He reiterates his original contentions and provides the following key comments in rebuttal:

It is his opinion that these events are well within the criteria for the awarding of the PH. The attack on 7 January  2010 still plagues him to this day. He has gone through t w o months of in-patient treatment at Bay Pines Veterans hospital in St. Petersburg, FL and another in-patient trip to St. Simons  by

the Sea treatment facility in St. Simons, GA. Both of these hospitalizations were to help him deal with PTSD, along with effects of the TBI.  In the time since he was initially placed  on the TDRL, he has worked extremely hard and diligently to bring his life back to a normal state, but the issues in dealing with two combat deployments are unexplainable. He has multiple traumatic experiences but none more damning than the incident on
7 January 2010.
The Air Force advisory opinion states that it was shown that his original two attempts of receiving the PH were denied due to lack of medical documentation not meeting the criteria. He is asking the Board to look at the facts that he was awarded the AFCAM and that he was diagnosed with a concussion along with two herniated discs. Both well documented in his medical records with the Air Force and the DVA.

He sees that the Air Force and the DVA input have concluded that somehow all of his issues were not directly combat related or the TBI effects are not from that particular event. However, the concussion was from that particular event, thus still placing him in the very small area for consideration by the B oard for awarding the PH. In addition, the Air Force decided to permanently retire him due to issues that stemmed from his injuries that were caused by this horrible event, which he relives every day.

The applicant’s complete submission, with attachments, is at Exhibit E.

THE BOARD CONCLUDES THAT:
1.	The applicant has 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 an error or injustice. After a thorough review of the available evidence and applicant’s complete submission, to include his rebuttal, we find no evidence that his records should be corrected to show he was awarded the PH. As such, 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 that the applicant has not been the victim of an error or injustice. However, the Board would like to point out that if the applicant were to provide the required medical documentation, they may be willing to reconsider his request. The applicant’s honorable service to his country is noted and greatly appreciated. Regrettably, we do not find the evidence submitted is sufficient to recommend granting the requested relief.

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-2015-04635 in Executive Session on 15 December 2016 under the provisions of AFI 36-2603:

, Panel Chair 
, Member
, Member
The following documentary evidence was considered:
Exhibit A.	DD Form 149, dated 30 Sep 15, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Memorandum, AFPC/DP2SP dated 16 May 16. Exhibit D.	Letter, SAF/MRBR, dated 9 Jun 16.
Exhibit E.	Letter, Applicant, dated 21 Jun 16, w/atchs.
Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.

Chief Examiner
Signed by