RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04445
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) Medal.
________________________________________________________________
APPLICANT CONTENDS THAT:
His diagnosis of cancer due to exposure from Agent Orange in a
combat area warrants award of the PH Medal.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate he enlisted
in the Regular Air Force on 15 July 1966.
On 5 June 1971, the applicant was honorably discharged from the
Air Force and was credited with five years and three days of
total active service.
The remaining relevant facts pertaining to this application are
described in the letter prepared by the Air Force office of
primary responsibility which is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial, indicating there is no evidence of
an error or injustice. The PH Medal is awarded to members of
the United States Armed Forces who have been wounded, killed, or
who have died or may hereafter die of wounds received in action
against an enemy of the United States or opposing force as a
result of an act of any such enemy or opposing armed force, an
international terrorist attack or during military operations
while serving as part of a peacekeeping force. A wound for
which the award is made must have required treatment, not merely
examination, by a medical officer. Additionally, treatment of
the wound shall be documented in the Service members medical
and/or health record. Award of the PH Medal may be made for
wounds treated by a medical professional other than a medical
officer, provided a medical officer includes a statement in the
Service members medical record that the extent of the wounds
were such that they would have required treatment by a medical
officer if one had been available to treat them. However, Agent
Orange is not an enemy action and injuries caused by it do not
fulfill the criteria for award of the PH Medal. The PH Review
Board disapproved the applicants request on 28 November 2012.
Therefore, to grant the applicant relief would be contrary to
the established eligibility criteria and could set precedence
for other veterans in similar situations or medical diagnosis.
AFPC/DPSID has verified the applicants entitlement to the
Vietnam Service Medal with four Bronze Stars (VSM w/4BSS) and
the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P)
and corrected his records administratively.
A complete copy of the AFPC/DPSID evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant argues that Public Law 99-145 authorized the award
of the PH Medal for wounds received as a result of friendly
fire. Therefore, award of the PH Medal in his case is justified
since Agent Orange could be considered as Friendly Fire and
his treatments and surgeries are regarded to as wounds by
doctors.
A complete copy of the applicants response is at Exhibit E.
________________________________________________________________
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. After
thoroughly reviewing the evidence of record and noting the
applicants contentions, we find no evidence which would lead us
to believe the applicants injuries were a direct result of
enemy action as required for award of the PH Medal. Moreover,
we are not persuaded that his diagnosis of cancer due to
exposure to herbicides in a combat theatre meets the definition
of a wound received by friendly fire for the purposes of
determining PH Medal entitlement. Therefore, we agree with the
opinion and recommendation and adopt its rationale as the basis
for our conclusion the applicant has not been the victim of an
error or injustice. The personal sacrifice the applicant has
endured for his country is noted and our decision is not
intended in any way to lessen the importance of his service;
however, insufficient documentary evidence has been presented to
warrant awarding him the PH Medal. In the absence of evidence
to the contrary, we find no basis to recommend granting the
relief sought in this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or 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-2012-04445 in Executive Session on 4 June 2013, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 September, 2012, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 3 January 2013.
Exhibit D. Letter, SAF/MRBR, dated 11 January 2013.
Exhibit E. Letter, Applicant, dated 26 January 2013.
Panel Chair
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