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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