RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00595
            INDEX CODE:  111.00, 131.00
            COUNSEL:  NONE
            HEARING DESIRED:  YES

      MANDATORY CASE COMPLETION DATE: 21 Aug 06

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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

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APPLICANT CONTENDS THAT:

His reactive airways disease is a  direct  result  of  exposure  during  his
active duty assignment at the World Trade  Center  (WTC)  on  September  11,
2001.

In support of his request, applicant provided his PH recommendation  package
and documentation extracted from his medical  and  personnel  records.   His
complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Data extracted from the personnel data system and documentation provided  by
the applicant reflects that he initially entered military service on 19  Sep
66.  He was appointed a second lieutenant, Reserve of the  Air  Force  on  7
Aug 72 and was progressively promoted to the grade  of  lieutenant  colonel,
having assumed that grade effective and with a date of rank of  20  Dec  94.
He was called to active duty on 11 Sep 01 and  assigned  by  the  Air  Force
National Security Emergency Preparedness Agency  to  New  York  City  as  an
Emergency Preparedness Liaison Officer.  On 31 Aug 02, his name  was  placed
on the Retired Reserve List.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  DPPPR states the Purple  Heart  Review  Board
disapproved his request because it does not meet the criteria for  award  of
the PH.

The DPPPR evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 25  Mar
05 for review and comment within 30 days.  As of this date, this office  has
received no response.

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ADDITIONAL AIR FORCE EVALUATION:

The BCMR Medical consultant recommends denial.   The  Medical  Consultant
states evidence of record shows the applicant was at home 50  miles  away
at the time of the attack on the  WTC  twin  towers.   He  departed  home
approximately two hours after the tower collapsed to report for  duty  at
the Federal Emergency Management Agency (FEMA) office in Edison, NJ.  His
service medical records reflect a history  of  allergic  rhinitis  dating
back to 1967 and he was disqualified from Survival Instructor Training in
July 1968 due to allergies.  In February 2004, he presented for  care  of
intermittent shortness of breath and was diagnosed with reactive  airways
disease.

Military members are eligible for award of the PH for wounds received  as
a direct result of enemy action.  The Army has established guidelines for
when inhalational injury is of sufficient severity to earn  consideration
for the PH.  The  criteria  includes  new  onset  airway  obstruction  by
spirometry within six weeks of exposure.  Evidence  of  record  does  not
show onset of airway obstruction within six weeks of exposure and medical
evaluation in August  2002,  nearly  one  year  after  exposure  reported
transient cough that resolved and not recurrent episodes of shortness  of
breath suggestive of airways disease or asthma.  Spirometry at  the  time
also did not show an obstructive defect that suggested  the  presence  of
reactive airways disease or asthma.   Regardless,  his  injury  would  be
qualified as indirect and does not qualify  for  the  award  of  the  PH.
Indirect injuries do not qualify for the award and would  include  injury
incurred as a secondary effect of enemy action such as dust from collapse
of a building previously bombed.  The injuries must  have  been  incurred
from the exploding device or shrapnel from the device itself.   Were  the
applicant in the WTC or in the immediate vicinity  at  the  time  of  the
attack and incurred an inhalation injury prior to escape/evacuation, such
injury would be considered direct for purposes of the PH.   Contact  with
the Army Awards and Decorations staff confirms the Army applies  criteria
in the same manner and denies similar requests for award of  the  PH  for
indirect injuries.

The Medical Consultant evaluation is at Exhibit E.

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APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

Applicant states his orders did read to report to FEMA, Region  II,  Edison,
NJ; however, it fails to indicate "variations in  itinerary  approved."   He
was at Ground Zero at 1730 hours  on  11 Sep  01,  when  building  number  7
collapsed to recon the  area  and  pick  up  any  personnel.   He  relocated
multiple times eventually headquartering at Federal Plaza, NY,  (also  known
as Ground Zero).  In his letter  to  the  Department  of  Veterans'  Affairs
dated 17 May 04, he explained the procedures to be  followed  for  the  non-
traditional Reservist seeking medical attention.  He provided letters  which
describe occurrences and indicates he responded on 15 Sep 01 seeking  relief
from what was mounting to become diagnosed as Reactive Airway Disease.   His
complete response, with attachments, is at Exhibit G.

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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
documentation provided by  the  applicant  and  the  available  evidence  of
record, we are not persuaded that he should be  awarded  the  Purple  Heart.
His contentions are duly  noted;  however,  we  agree  with  the  Air  Force
offices of primary responsibility  that  evidence  has  not  been  presented
which substantiates that his condition was incurred as a  direct  result  of
enemy action, as required  by  criteria  for  award  of  the  Purple  Heart.
Therefore we adopt their rationale as the basis for our conclusion that  the
applicant has not been the victim of an error or injustice.  In the  absence
of persuasive evidence showing that his condition was the direct  result  of
enemy action, we find no basis to recommend granting the  relief  sought  in
this application.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issue  involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

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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 AFBCMR Docket Number  BC-2005-
00595 in Executive Session on 9 Aug 05, under  the  provisions  of  AFI  36-
2603:

      Mr. Laurence M. Groner, Panel Chair
      Ms. Renee M. Collier, Member
      Mr. Richard K. Hartley, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 May 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 17 Mar 05.
    Exhibit D.  Letter, SAF/MRBR, dated 25 Mar 05.
    Exhibit E.  Letter, BCMR Medical Consultant, dated 30 Jun 05.
    Exhibit F.  Letter, SAF/MRBC, dated 7 Jul 05.
    Exhibit G.  Letter, Applicant, dated 12 Jul 05, w/atchs.




                                   LAURENCE M. GRONER
                                   Panel Chair