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AF | BCMR | CY2002 | BC-2002-01031
Original file (BC-2002-01031.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  02-01031
                                       INDEX CODE:  107.00

      XXXXXXXXXXXXXXXXXXX               COUNSEL: NONE

      XXXXXXXXX                         HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart Medal.
_______________________________________________________________

APPLICANT CONTENDS THAT:

He was present at King Fahd International Airport on or about 0459L, 23  Feb
91, when Iraqi forces launched two SS-1  SCUD  surface–to-surface  ballistic
missiles with specific intent of engaging U.S. military forces  deployed  in
the vicinity of that area.  He suffered an injury from Inhibited Red  Fuming
Nitric Acid fumes from the SCUD missile attack on 23 Feb 91.   He  is  being
unjustly denied the  Purple  Heart  Medal  and  the  future  entitlement  to
priority VA medical care that Purple Heart Medal recipients receive.

In support of his application, he provides a personal statement, a  copy  of
his disability retirement orders, military publications on the award of  the
Purple Heart Medal, information obtained  from  the  Internet  on  Gulf  War
Illnesses, and medical records before  and  immediately  subsequent  to  the
alleged exposure.  The applicant’s complete  submission,  with  attachments,
is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 30 Jun 81, the applicant entered active duty in the Regular Air Force  at
the age of 18.  He was progressively promoted to the rank of  Senior  Master
Sergeant with the date of rank of 1 Jan 98.

The applicant’s available military medical  records  indicate  that,  during
the period he was assigned to Southwest Asia (18 August  1990  to  18  March
1991), he received medical treatment on 23 January 1991  for  complaints  of
neck pain for one day.  His condition was diagnosed  as  a  cervical  strain
and he was treated with  Motrin.   His  medical  records  contain  no  other
evidence of medical treatment during this period of time.

Applicant was permanently retired because of physical disability  on  4  Jun
02, having served 20 years, 11 months and 4 days on active duty.   Applicant
served 8 years, 1 month and 17 days of foreign service, of  which  7  months
was in support of Operations DESERT SHIELD and DESERT STORM while  stationed
at King Fahd International Airport (KFIA) in Saudi Arabia.  The  applicant’s
disability   retirement   was   based   on   the   approved   findings   and
recommendations of a Formal Physical  Evaluation  Board  (FPEB),  which  had
determined that he was unfit because of  diagnoses  of  “Degenerative  Joint
Disease, Talonavicular, Post-Traumatic” and “Asthma, mild”.  Each  condition
was rated as 10% disabling for a compensable rating of 20%.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  It is DPPPR’s opinion that the applicant  has
not provided the necessary  documentation  to  substantiate  his  claim  for
eligibility for the Purple Heart Medal.  The  AFPC/DPPPR  evaluation  is  at
Exhibit C.


BCMR Medical Consultant recommends denial.  The available  medical  evidence
does not provide support for the applicant’s request for  the  Purple  Heart
Medal.  The BCMR Medical Consultant’s assessment is at Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states  he  was  medically  treated  three  times  during  his
participation in Operation DESERT STORM. Only one record  of  treatment  was
filed  in  his  service  record.   The  two  remaining  records  of  medical
treatment cannot be located.  The applicant’s rebuttal 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 error or injustice.  After a thorough review of  the  available
records, we found no evidence that the individual is eligible for the  award
of the Purple Heart Medal.   The  applicant  asserts  he  was  injured  from
exposure to Inhibited Red Fuming Nitric Acid fumes  from  the  SCUD  missile
attack on 23 February  1991  while  stationed  at  King  Fahd  International
Airport (IAP) in Saudi Arabia.  However, other than his own  assertions,  he
has provided  no  evidence  to  substantiate  this  claim.   There  were  no
eyewitness  statements  provided  or  proof  that  any   other   individuals
stationed at  the  King  Fahd  IAP  were  affected  from  the  SCUD  missile
explosion at 0459L on 23 February 1991.  The applicant claims that there  is
missing  medical  documentation  that  supports  his  claim;  however,   the
available medical evidence does not support the applicant’s  request  for  a
Purple Heart Medal.  There is no evidence showing the applicant was  treated
unfairly or unjustly, therefore, we find no compelling  basis  to  recommend
granting the relief sought in this application.

_________________________________________________________________

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 this application in  Executive
Session on 4 December 2002, under the provisions of AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Ms. Martha Maust, Member
      Mr. Thomas J. Topolski Jr., Member

The following documentary evidence was considered in connection with  AFBCMR
Docket No. 02-01031:

      Exhibit A.  DD Form 149, dated 15 Mar 02, with attachments.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPPR, dated 7 Aug 02.
      Exhibit D.  Letter, BCMR Medical Consultant, dated 26 Jun 02.
      Exhibit E.  Applicant’s Rebuttal, dated 14 Sep 02, with
                Attachments.





                                                   MICHAEL K. GALLOGLY
                                                   Panel Chair

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