| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Mr. Thomas A. Pagan | Chairperson | |
| Mr. Roger W. Able | Member | |
| Mr. John A. Kelley | Member |
APPLICANT REQUESTS: Award of the Purple Heart.
APPLICANT STATES: In effect, that he was exposed to unknown chemicals during the Persian Gulf War. He contends that several times throughout the war chemical alarms sounded, that a scud missile exploded above the airfield and dispensed a large green cloud over the area and that he was in the area when the chemical dumps were blown up. He also contends that after returning home, he began having numerous health problems which are documented with the Department of Veterans Affairs (DVA). He claims that he was rated 20 percent disabled due to his service/exposure during the Gulf War. In support of his application, he submits a letter of explanation, dated 15 August 2002; a copy of his DD Form 214 (Certificate of Release or Discharge From Active Duty); a copy of DD Form 215 (Correction of DD Form 214, Certificate of Release or Discharge from Active Duty); excerpts pertaining to the Purple Heart from Army Regulation 600-8-22 (Military Awards); an article titled, "Gulf War Veterans' Illnesses" in the Congressional Research Service for Congress, dated 11 April 1997; DVA documentation, dated 17 January 2001 and 10 January 2001; an article titled, "Study links brain damage in Gulf War vets to nerve gas exposure"; information pertaining to the Gulf War Resource Center, Inc.; and information pertaining to Compensation for Undiagnosed Illnesses of Persian Gulf Veterans.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant was ordered to active duty in support of Operation Desert Shield/Desert Storm on 6 December 1990. He served as a military policeman in Southwest Asia from 20 January 1991 through 20 May 1991 and was honorably released from active duty on 8 June 1991.
The applicant's DD Form 214 with an effective date of 8 June 1991 does not show the Purple Heart as an authorized award.
There is no evidence in the available records that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Southwest Asia.
There is no evidence in the available records that the applicant was injured by enemy released chemical, biological, or a nuclear agent in Southwest Asia.
Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record. This regulation also states, in pertinent part, that an injury caused by enemy released chemical, biological, or a nuclear agent would qualify for award of the Purple Heart.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The Board considered the applicant's contention that he should be awarded the Purple Heart because he was exposed to unknown chemicals during his service in Southwest Asia. However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was injured by enemy released chemical, biological, or a nuclear agent in Southwest Asia.
2. There is also no evidence that the applicant was wounded or treated for wounds as a result of hostile action in Southwest Asia.
3. Based on the foregoing, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
5. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
TAP____ RWA____ JAK_____ DENY APPLICATION
| CASE ID | AR2002078031 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030313 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.0015 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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