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AF | BCMR | CY2006 | BC-2006-02498
Original file (BC-2006-02498.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02498
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED: YES


MANDATORY CASE COMPLETION DATE:  20 JANUARY 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

Award of the Purple Heart (PH).
_________________________________________________________________

APPLICANT CONTENDS THAT:

He retired with a combat-incurred service connected  compensable  disability
for service in Vietnam from Aug 1966 through       July 1967.  This  is  not
reflected on his DD Form 214. Also, his DD Form 214 does  not  reflect  that
he is a disabled veteran having veteran's preference for  reduction-in-force
(RIF) purposes.

During his tour in Vietnam, he suffered severe exposure to Agent Orange  and
other toxic chemicals. Since  that  time,  he  has  suffered  from  Type  II
Diabetes and severe neuropathy. The neuropathy consumes 75% of his body.  It
affects his legs from the knees and below to his feet and all his toes.

In support of his application, applicant provided a  copy  of  his  DD  Form
214, Certificate of Release or Discharge from  Active  Duty,  and  a  letter
from the Department of Veterans Affairs, Huntington, VA.

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

STATEMENT OF FACTS:

Applicant’s military personnel records reflect  he  served  on  active  duty
from 14 November 1960 to 31 August  1984,  with  an  overseas  tour  in  the
Republic of Vietnam.  He was  honorably  retired  in  the  grade  of  master
sergeant after serving 23 years, 9 months and 17 days of total  active  duty
service.

His discharge document reflects  he  was  awarded  the  Meritorious  Service
Medal, AF Commendation Medal, NCO PME graduate Ribbon, AF  National  Defense
Service Medal, the Air Force Good Conduct Medal,  the  Air  Force  Longevity
Service Award, the Vietnam Service Medal, the Republic of  Vietnam  Campaign
Medal, Republic of Vietnam Gallantry Cross with Palm,  and  AF  Presidential
Unit Citation.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial and stated to  be  awarded  the  Purple  Heart
(PH), a member must provide documentation to support 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.  Agent
Orange was used by  American  forces  and  not  a  direct  result  of  enemy
actions. Agent Orange does not qualify for the PH.

AFPC/DPPPR complete evaluation is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the  Air  Force  evaluation  was  forwarded  to  applicant  on  28
September 2006 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  error  or  injustice.   We  took  notice  of  the  applicant's
submission in judging the merits of the case.  However, we  agree  with  the
opinion  and  recommendation  of   the   Air   Force   office   of   primary
responsibility and adopt the  rationale  expressed  as  the  basis  for  our
decision that the applicant has failed to sustain his  burden  that  he  has
suffered either an error or an injustice.  To be awarded the  Purple  Heart,
a member must provide documentation to support he was wounded  as  a  direct
result of enemy actions.  Indirect injuries do not  meet  the  criteria  for
award of the Purple Heart.  We do not wish to deprive the  applicant  of  an
award to which he is entitled; however, based on the evidence before us,  we
have no recourse but to conclude that  his  request  for  the  Purple  Heart
should be denied.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issue  involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________
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  Docket  Number  BC-2006-02498
in Executive Session on 17 February 2004, under the provisions  of  AFI  36-
2603:

      Ms. BJ White-Olson, Panel Chair
      Mr. Wallace F. Beard Jr., Member
      Mr. Patrick C. Daugherty, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2006-02498.

   Exhibit A.  DD Form 149, dated 14 Aug 06, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, dated 21 Sep 06.
   Exhibit D.  Letter, SAF/MRBR, dated 28 Sep 06.




                                   BJ WHITE-OLSON
                                   Panel Chair

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