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AF | BCMR | CY2006 | BC-2005-03245
Original file (BC-2005-03245.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03245
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  28 APR 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He is entitled to the PH Medal for his combat injury during Desert Storm  in
February 1991.  He was wounded en route  to  Kuwait  City  by  an  explosion
under a vehicle.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

It appears the applicant’s military personnel record  has  been  lost.   The
available documentation indicates during the time period in question, on  11
March 1988, the applicant entered active duty in the Regular Air Force.

The applicant served from 2 August 1990 to 31  August  1992  in  support  of
OPERATION DESERT SHIELD/STORM.

On 31 August 1992, the applicant was honorably  released  in  the  grade  of
staff sergeant  (SSgt)  under  the  provisions  of  AFR  39-10  -  Voluntary
Release/Transfer to Another Service Component  for  Early  Release  Program.
During the time period in question he served 8 years, 9 months, and 17  days
of total active duty service.  He also served three years, six  months,  and
three days of foreign service.

The applicant’s DD Form  214,  Certificate  of  Release  or  Discharge  from
Active Duty, with  a  separation  date  of  31  August  1992,  indicates  he
received the following decorations and medals:  the  Air  Force  Achievement
Medal, Air Force Outstanding Unit Award with Two  Devices,  Air  Force  Good
Conduct Medal with One  Device,  National  Defense  Southwest  Asia  Service
Medal with Two Devices, Air Force Overseas  Short  Tour  Ribbon,  Air  Force
Overseas  Long  Tour  Ribbon,  Noncommissioned  Officer  (NCO)  Professional
Military Education (PME) Graduation Ribbon,  USAF  Basic  Military  Training
(BMT) Honor Graduation Ribbon, Small Arms Expert  Marksmanship  Ribbon,  Air
Force Training Ribbon, and the Kuwait Liberation Medal.

VA Form 2507, Compensation and Pension Exam Report, dated  10 February  1999
indicates the applicant states he was injured by an explosion while  serving
during Desert Storm in the Persian Gulf and essentially had a chemical  burn
to his right elbow and forearm.  He states  he  was  treated  in  the  field
hospital and proceeded to  have  his  right  arm  dressed  and  wrapped  for
approximately the next six weeks.   Prior  to  the  initial  dressing,  some
foreign material had to be removed from this area.  Ever since this  injury,
the right elbow and forearm area have been a problem.  There was  discussion
of a possible skin graft, but he was told that this would not  help  because
the burn was too deep.  He further stated that some time after  the  Persian
Gulf, he was at Bergstrom Air Force Base in Austin, Texas  and  a  physician
there peeled away some of the overlying skin and told  him  that  this  area
had yet to heal properly and  began  a  six  week  treatment  of  a  special
dressing wrap which was thought to finally help the  healing  process.   His
physical examination indicated there was an approximately 23 cm long  x  4-8
cm wide scar over the extensor surface of his right elbow and  halfway  down
his forearm.  This whole area was tender, graded 7-8/10.  There was loss  of
sensation to pinprick over this entire  scar.   On  full  extension  of  the
right elbow, he complained of  pain  in  this  area  graded  4/10;  on  full
flexion of the right elbow, he complained of pain in this area graded  7/10.
 This area was not warm and did not appear  swollen.   This  burn  scar  was
very well demarcated and there was a moderate  amount  of  hypo-pigmentation
noted throughout  the  scar.   The  physician’s  impression  indicates  post
severe burn from an explosion and wound injury to the right upper  extremity
during the service, with continuation of chronic problems.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial indicating the applicant served in support  of
Operation DESERT SHIELD/STORM from 2 August 1990  to  31 August  1992.   The
applicant’s  military  records  could  not  be  located   and   no   medical
documentation was submitted to substantiate injury to the  applicant  was  a
result of enemy action.

To be awarded the PH, a member must provide documentation to support he  was
wounded as a direct result of enemy action and must  have  received  medical
treatment by medical personnel.

In addition, it is necessary that the wound  required  or  received  medical
treatment by medical personnel.  Indirect injuries do not meet Purple  Heart
criteria.  Indirect injuries  include  but  are  not  limited  to  diseases,
exposure, injuries received while seeking  shelter  from  mortar  or  rocket
attacks, aircraft bombings, grenades, and injuries  incurred  while  serving
as an aircraft  member  or  in  a  passenger  status  as  a  result  of  the
aircraft’s evasive measures against hostile fire.

The  applicant  did  not  provide  medical  documentation  to   substantiate
injuries received were a result of enemy action.

The evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 17 March 2005, a copy of the Air Force evaluation was  forwarded  to  the
applicant for review and response within  30 days.   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 injustice.  The applicant’s  contentions  are  duly
noted; however, after thoroughly reviewing the applicant’s  submission,  the
Board is not persuaded he should be  awarded  the  PH  Medal.   Neither  the
applicant nor his records substantiate he  had  been  injured  as  a  direct
result of enemy action as required  for  award  of  the  PH.   The  personal
sacrifice the applicant endured for his country is noted  and  our  decision
in no way diminishes the high regard  we  have  for  his  service;  however,
insufficient documentary evidence has been  presented  to  warrant  awarding
him the PH.  Should he  provide  documentation,  i.e.,  medical  reports  or
letters of support from fellow members, which indicates he was injured as  a
direct result of enemy action, the Board would  be  willing  to  review  his
appeal for reconsideration.  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 the evidence presented  did  not  demonstrate  the
existence of an error or an injustice; the application was denied without  a
personal appearance; and 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-
03245 in Executive Session on 25 April 2006, under the provisions of AFI 36-
2603:

                 Mr. Michael K. Gallogly, Panel Chair
                 Ms. Mary C. Puckett, Member
                 Mr. Grover L. Dunn, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 16 Oct 05, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPR, dated 8 Mar 06.
   Exhibit D.  Letter, SAF/MRBR, dated 17 Mar 06, w/atch.




                 MICHAEL K. GALLOGLY
                 Panel Chair



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