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AF | BCMR | CY2005 | BC-2005-01938
Original file (BC-2005-01938.doc) Auto-classification: Denied

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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