RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00482
            INDEX CODE:  107.00

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  15 AUG 2006


___________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal for wounds inflicted upon
him during the 1st Gulf War (1991).

___________________________________________________________________

APPLICANT CONTENDS THAT:

In Feb 91, Iraqi military forces ignited nearly 700  oil  wells  to
use as a weapon against United States (US)  and  coalition  forces.
The burning oil wells produced incredible quantities of smoke laden
with heavy particles including hydrogen sulfide.  These fires  were
not extinguished until Nov 91.  He states, unlike many  of  the  US
military, he did not have a  short  stay  within  the  burning  oil
fields.   He  lived  for  almost  four  months  in   that   heavily
contaminated area and was  exposed  practically  every  day,  every
moment of those four months.

He  feels  the  guidance  for  the  Purple  Heart  medal  makes  no
distinction concerning enemy employed weapons and their  consequent
wounding effect on an individual, to  determine  justification  for
the award.  He was in action against an enemy of  the  US  and  was
wounded as a result  of  the  enemy’s  actions;  and  his  exposure
continued during post-hostilities phase when he was maintaining the
cease-fire.

Since exposure to the fires, he has had a chronic cough.   When  he
mentioned it during his retirement physical,  the  doctor  directed
him to have his lungs tested, and the test verified his condition.

In support of his appeal, applicant submitted a personal statement,
a copy of travel voucher,  dated  28  Feb  91,  and  a  copy  of  a
Pulmonary Function Report.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 27 Aug  63  and  was
honorably released and transferred to  the  Air  Force  Reserve  on
28 Aug 68 and remained until  his  discharge  on  26  Aug  69.   He
enlisted in the Air National Guard on 28 Dec 70 and was  discharged
on 16 Aug 71.  Applicant was commissioned as a second lieutenant on
17 Aug 71.

As an enlisted member, he served in Vietnam, during the Vietnam War
as a forward ground based air controller; was  awarded  the  Purple
Heart Medal for wounds incurred as a direct result of an act of  an
enemy on 10 Mar 68.  Subsequently, he was commissioned  and  served
as a  navigator  and  in  staff  and  command  positions.   He  was
progressively promoted to the rank of  colonel  with  an  effective
date and promotion service date of 1 Jun 97.

Applicant served during  DESERT  SHIELD/STORM  from  26  Feb  91  –
28 Jun 91 and was awarded a Bronze Star and a  Meritorious  Service
Medal for meritorious achievement as a director of operations.

A complete list of the applicant’s awards and decorations  for  the
period 12 Mar 79 to 31 Jan  05  are  cited  in  the  DD  Form  214,
Certificate  of  Release  or  Discharge  from  Active  Duty,  dated
31 Jan 05.  (See DD Form 214, dated 31 Jan 05 at Exhibit B)

He was honorably retired from active duty  on  1  Feb  05  and  was
credited with 35 years, 1 month, and 7 days of active  service  for
retirement.  This included 7 years, 3 months, and 4 days of foreign
service.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR reviewed this  application  and  recommended  denial,
stating, in part, to be awarded  the  PH,  a  member  must  provide
documentation to support they were wounded as a  direct  result  of
enemy action.  In addition, it is necessary that the wound required
or received medical treatment by medical personnel.

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He attached a report called  “Results  of  a  Workshop  on  Medical
Effects of Crude Oil Exposures related to Operation Desert  Storm,”
Feb 91;

       The  report  contains  critically  important  concerns   and
warnings.  He states the findings of the  report  were  never  made
available to the only USAF deployed unit in Kuwait.   Additionally,
CENTAF sent its first sergeant on a fact finding visit resulting in
no protective equipment being sent, aside from a box of paper throw-
away painters mask, which were of no value.  No  medical  personnel
visited with the unit nor was  any  constructive  advice  given  on
protecting personnel from the contaminants.

The evaluation points out that wounds must be received as a  direct
result of enemy action.  He says, “This is correct, and  I  do  not
take exception to the definition.  However, what is  implied  is  a
very narrow concept of the phrase, direct result.”  This comes from
his extensive experience in combat operations and  with  over  five
years within DOD as a senior expert on terrorist.

He believes that during the 1st Gulf War,  he  and  other  military
members experienced the non-conventional use of  a  weapon  system,
i.e., the pre-meditated ignition of oil well  crude  oil  by  enemy
forces and the subsequent production of a dangerous  and  massively
enveloping cloud of toxic and non-toxic particles.

In conclusion,  he  was  subjected  to  a  non-conventional  weapon
(chemical laden, particle plumes) generated against  US  forces  by
the Iraqi military during combat operations.  He was wounded by the
chemicals and suffer the lasting effects.

Applicant’s complete response is at Exhibit E.

___________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

The AFBCMR Medical Consultant states that the applicant retired for
maximum service on 31 Jan 05 after 35 years, 1 month, and 7 days of
active duty service.  Applicant requests award of the Purple  Heart
Medal for lung injury due to inhalation of smoke  from  the  Kuwait
oil field fires during Desert Storm.

During the time applicant was exposed to smoke from the Kuwait  oil
field fires and blowing sand due to the Shammal winds  (from  March
to September) that blow the fine sand dusts from the desert.

A review of  the  applicant’s  service  medical  records  show  the
applicant was a non-smoker with normal lung function and infrequent
care for respiratory complaints attributed to  viral  infection  (a
February 7, 1989,  entry  for  upper  respiratory  tract  infection
indicates “wheeze” on examination).  There were no entries  showing
care of respiratory complaints while deployed to  Kuwait  in  1991.
At the time of his annual medical examination on  24  Apr  92,  the
physician recorded that the applicant had  no  medical  complaints,
and on examination his  lungs  were  clear  to  auscultation.   His
annual medical examination on 29 Mar 93 reported his overall health
as “very good” and  specifically  denied  symptoms  of  chronic  or
frequent colds, ear nose or throat trouble,  asthma,  shortness  of
breath,  pain  or  pressure  in  chest,  or  chronic  cough.    The
examination of the lungs was recorded as normal.

There are no other pertinent entries present in  the  copy  of  the
service medical record until  his  Dec  04  retirement  examination
except for a series of wound clinic entries from 2000.  At the time
of his retirement medical examination on 8 Dec  04,  the  examining
physician recorded that the applicant complained of;

      Chronic cough, especially with exposure to  dust/humidity;  occasional
      brief “loss of breath”.  In Kuwait (Mar 91 – Jun 91, then periodically
      through Nov), exposure to extensive oil fires.  Six (symptoms)  seemed
      to worsen during the past summer –  remains  active  yet  impaired  by
      decreased respiratory status.

The physician noted a normal chest  x-ray  and  pulmonary  function
tests that showed “evidence of obstructive  disease,  not  improved
with bronchodilators.”  The pulmonary  function  tests  interpreted
the results as “possible early  obstructive  pulmonary  impairment.
Values reported as 90% of predicted  and  represent  a  decline  in
function in the applicant compared to values obtained prior to  his
deployment to Kuwait.

Military Members are eligible for award of the Purple  Heart  Medal
for wounds received as a direct result  of  enemy  action  and  for
which medical treatment was or would have been required.   A  wound
is defined as an injury to any part of the  body  from  an  outside
force or agent sustained as the result of  a  hostile  act  of  the
enemy.  A physical lesion is not required, however  the  wound  for
which the award is made must have required treatment by  a  medical
officer and records of medical treatment  for  wounds  or  injuries
received in action must have been made a matter of official record.


Established guidelines for  when  smoke  inhalation  injury  is  of
sufficient severity to earn  consideration  for  the  PH;  includes
respiratory  compromise   of   sufficient   severity   to   require
hospitalization in an intensive care unit;  evidence  of  hypoxemia
(low blood oxygen levels indicating lung injury) within 96 hours of
exposure by arterial blood  gas  tests  or  pulse  oximetry;  chest
radiographic  abnormalities  consistent   with   smoke   inhalation
appearing within  96  hours  of  exposure;  and  new  onset  airway
obstruction by spirometry (PFTs) within 6 weeks  of  the  exposure.
Indirect injuries do not qualify for the award  and  would  include
disease  (malnutrition,  dysentery,   pneumonia,   etc),   exposure
(climatic elements to include  frostbite),  injury  incurred  as  a
secondary effect of enemy action (i.e., bailing out of  a  disabled
aircraft or mid-air collision of allied aircraft though over  enemy
territory), injuries received while seeking shelter from mortar  or
rocket attacks, aircraft bombings, grenades, and injuries  incurred
while serving as an aircrew member or in passenger  status  because
of the aircraft’s  evasive  measures  against  hostile  fire.   The
injuries must have incurred from the exploding device  or  shrapnel
from the device itself.  To preserve the integrity  of  the  award,
primary documentary evidence is usually necessary.

With regard to smoke inhalation injury and award  of  the  PH,  the
same basic criteria apply as to other injuries.  Two basic criteria
are required, that an injury occurred and that it  was  the  direct
result of hostile enemy action.  While an injury due  to  an  enemy
projectile is quite straight forward with regard to entitlement  to
a  Purple  Heart,  the  same  cannot  be   uniformly   said   about
inhalational injury.  The criteria require clear evidence  of  lung
injury.  This is designed to avoid awarding the PH for a cough  due
to irritation of lung tissue without injury that a  member  may  or
may not seek medical attention for.  The established  criteria  for
the PH define an injury as one that requires or would have required
medical attention.  An irritant  cough  does  not  require  medical
attention, although such attention may or may not be  sought.   The
applicant’s  cough  and  pulmonary  function   test   abnormalities
thirteen years after he was in Kuwait do not qualify  him  for  the
Purple Heart.  Action and disposition in this case are  proper  and
equitable reflecting compliance  with  Air  Force  directives  that
implement the law.

A complete copy of the evaluation is at Exhibit F.

___________________________________________________________________

ADDITIONAL APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant’s response to the additional Air Force evaluation  is  at
Exhibit H.

___________________________________________________________________

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 error or injustice.  We took notice of
the applicant's complete submission in judging the  merits  of  the
case.  The applicant is requesting award of the Purple Heart  Medal
for lung injury due to inhalation of  smoke  from  the  Kuwait  oil
field fires during Desert Storm.  At the  time  of  his  retirement
medical examination, applicant’s medical records reflect a  chronic
cough with mildly abnormal pulmonary function test, which was  over
13 years after his deployment to Kuwait.  We found no evidence  the
applicant was treated for respiratory complaints while deployed  to
Kuwait in 1991, or of a lung injury related to inhalation of Kuwait
oil fire smoke that required medical  attention  or  that  was  the
direct result  of  hostile  enemy  action.   Military  members  are
entitled to award of the Purple Heart Medal for wounds received  as
a direct result of enemy action and for which medical treatment was
or would have been required.  The applicant’s case has undergone an
exhaustive review by the  BCMR  Medical  Consultant  and  there  is
nothing in the  evidence  provided  by  the  applicant  that  would
overcome his assessment of the case.  We therefore agree  with  the
opinions and recommendations of the Air  Force  office  of  primary
responsibility and the AFBCMR Medical Consultant  and  adopt  their
rationale as the basis for our  decision  that  the  applicant  has
failed to sustain his burden of having suffered either an error  or
injustice.  Hence, in the absence of evidence to the  contrary,  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 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-2005-00482 in Executive Session on 14 February 2006,  under  the
provisions of AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Ms. LeLoy W. Cottrell, Member
      Ms. Cheryl V. Jacobson, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 2 Feb 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPPR, dated 5 Apr 05.
    Exhibit D.  Letter, SAF/MRBR, dated 15 Apr 05.
    Exhibit E.  Letter, Applicant, dated 26 Apr 05, w/atchs.
    Exhibit F.  Letter, AFBCMR Medical Consultant, dated 23 Nov 05.
    Exhibit G.  Letter, AFBMCR, dated 6 Dec 05.
    Exhibit H.  Letter, Applicant, dated 3 Jan 06.




                                   RICHARD A. PETERSON
                                   Panel Chair