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AF | BCMR | CY2004 | BC-2003-04292
Original file (BC-2003-04292.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: 03-04292
            INDEX CODE:  107.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) for wounds  received  while  serving  in
the Republic of Vietnam from 1967 through 1968.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

His Diabetes Type II is due to Agent Orange.  Agent Orange is  a  weapon  of
war.  His wound caused by Agent Orange is internal, invisible  and  develops
over time.  He believes his Diabetes Type II is  grounds  for  awarding  the
Purple Heart.  The PH has no discretionary  clause  so  all  combat  wounded
personnel must be given the PH.  He is requesting the award of the PH  under
the “friendly fire” criteria.

In support of the appeal, applicant submits a personal statement, copies  of
his  medical  examinations  for  his  Diabetes,  a  copy  of  his   Veterans
Administration Compensation claim and copies of his correspondence with  the
Department of the Army regarding award of the PH.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 30 June 1986, the  applicant  was  relieved  from  active  duty  and  was
retired in the grade of master sergeant effective  1 July  1986.   Applicant
was credited with 28 years, 1  month  and  17  days  of  total  active  duty
service for basic pay and 23 years, 11 months and 22 days of active  service
for retirement.

His discharge document reflects he was awarded  the  Air  Force  Achievement
Medal; Small Arms Expert Marksmanship  Ribbon;  Armed  Forces  Expeditionary
Medal; Army Good Conduct Medal; Air Force Good Conduct Medal  with  6  OLCs;
National Defense Service Medal, Vietnam  Service  Medal  with  4  OLCs,  Air
Force Outstanding Unit Award with V device and 3  OLCs;  Republic  of  Korea
Presidential Unit Citation, Gallantry Cross Unit  Citation  with  Palm;  Air
Force Overseas Long Tour Ribbon, Air Force Longevity  Service  Award  Ribbon
with four OLCs, Small  Expert  Marksmanship  ribbon,  and  the  Republic  of
Vietnam Campaign Medal.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be  denied.   DPPPR  states  that  the
criteria for award of the PH specifically excludes any chemical  agents  not
released by the enemy.  Since Agent Orange was directed  at  destroying  the
foliage that was being used as enemy cover, and not  directly  intended  for
the enemy itself, award  of  the  PH  can  not  be  authorized.   The  DPPPR
evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

Applicant states that the PH is  not  an  award  it  is  a  right  of  every
military member to receive upon meeting specific criteria.  He  was  wounded
in Vietnam not as a direct result of enemy action but as a direct result  of
friendly fire and was treated at Peterson AFB hospital.  He states that  the
Air Force’s assessment of the regulation is in error  and  out  of  context.
Applicant’s letter 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 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 an error or injustice.  The applicant asserts  that  he  should
be awarded the Purple Heart for exposure to Agent Orange.  The  Board  notes
that the criterion for award of the Purple Heart specifically  excludes  any
chemical agents not released by the enemy.  There is no  indication  in  the
applicant’s service medical records to substantiate that he was  injured  as
a  direct  result  of  enemy  action.   While  we  are  not   unmindful   or
unappreciative of the applicant’s service to his Nation, in the  absence  of
the evidence substantiating the applicant was injured as a direct result  of
enemy action, 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 probable 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  AFBCMR
Docket Number 03-04292 in Executive Session on  11  March  2004,  under  the
provisions of AFI 36-2603:

                 Mr. Michael K. Gallogly, Panel Chair
                 Ms. Renee M. Collier, Member
                 Mr. Joseph D. Yount, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 3 Dec 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 16 Jan 04.
    Exhibit D.  Letter, SAF/MRBR, dated 23 Jan 04.
    Exhibit E.  Letter, Applicant, dated 3 Feb 04.





                                   MICHAEL K. GALLOGLY
                                   Panel Chair

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