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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