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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