RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01938
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 19 DEC 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he was awarded the Purple Heart
(PH).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He received injuries when he came in direct contact with Agent Orange
while doing routine maintenance and repairs working inside an aircraft
that was used to deploy the Agent Orange stored in the aircraft.
Applicant's complete submission, with attachments, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force (RegAF) on 23 May
1968, as an airman basic (AB) for period of four years and served as
an Aircraft Pneudraulic Repairman.
His records reflects he was awarded the National Defense Service Medal
(NDSM), Air Force Good Conduct Medal (AFGCM), Air Force Longevity
Service Award (AFLSA) Air Force Outstanding Unit Award (AFOUA) with
two Oak Leaf Clusters (OLCs), Vietnam Service Medal (VSM), Republic of
Vietnam Commendation Medal (RVCM), Presidential Unit Citation (PUC)
and the Republic of Vietnam Gallantry Cross (RVGC) with Palm.
The applicant’s records reflect he was assigned in Vietnam from
3 October 1969 through 3 October 1970.
On 23 May 1975, the applicant was honorably discharged in the grade of
staff sergeant. He served seven years and two days of active duty
service.
The applicant is currently receiving a 100 percent disability from the
Veterans Affairs (VA) for cancer, service connection based on
presumption.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPPR states to be awarded the PH, the servicemember must
provide documentation supporting he was wounded as a direct result of
enemy action. 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 the enemy used as cover, and
not directly intended for the enemy itself, a PH cannot be authorized.
Although the applicant submitted documentation from the VA for an
illness directly related to Agent Orange, unfortunately, Agent Orange
is not a service-connected injury. Not all service-connected
conditions were caused by the enemy. Therefore, they recommend the
applicant’s request for the PH be denied.
A complete copy of the Air Force evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
14 October 2005, for review and response. As of this date, no
response has been received by this office.
_________________________________________________________________
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 an injustice. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinion and the recommendation of the Air
Force and adopt its rationale as the basis for our conclusion that the
applicant has not been the victim of an error or an injustice. The
documentation provided by the applicant and his military records do
not substantiate he had an injury that met the criteria for award of
the PH. Although the applicant is receiving disability from VA for a
service-connected illness related to Agent Orange, unfortunately, not
all service-connected conditions were caused by the enemy.
Furthermore, the criterion for awarding the PH prohibits awarding the
medal for chemical agents not released by the enemy. Therefore, in
the absence of evidence to the contrary, we find no compelling basis
to recommend granting the relief sought.
_________________________________________________________________
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-
2005-01938 in Executive Session on 8 December 2005, under the
provisions of AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Ms. Cheryl V. Jacobson, Member
Mr. Gary G. Sauner, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 Jun 05, w/atchs.
Exhibit B. Military Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPR, dated 3 Oct 05.
Exhibit D. Letter, SAF/MRBR, dated 14 Oct 05.
MICHAEL K. GALLOGLY
Panel Chair
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