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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