RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            13 APRIL 2006
      DOCKET NUMBER:   AR20050009185


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Richard Dunbar                |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Mr. David Haasenritter            |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that he be awarded the Purple Heart.

2.  The applicant states, in effect, that his exposure to chemical and
biological agents while deployed during the Gulf War caused Bowens Disease
and has made him completely and permanently disabled.

3.  The applicant provides a letter explaining his position on the matter
and 15 attachments which are listed on a Table of Attachments provided with
his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 6 August 1991.  The application submitted in this case was
received on 22 June 2005.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  He was born on 3 October 1944 and after serving 10 years, 2 months and
  28 days of active service in the Air Force, he was honorably discharged
in the pay grade of E-5 on 12 May 1977 with a total of 11 years, 3 months
and 16 days of service for pay purposes.

4.  On 17 March 1979, he enlisted in the United States Army Reserve (USAR)
for assignment to the 442nd Personnel Service Company, a Troop Program Unit
in Orlando, Florida.  He continued to serve through a series of continuous
reenlistments and remained assigned to the same unit.  He was promoted to
the pay grade of E-8 on 29 February 1988.

5.  On 29 November 1990, he was ordered to active duty with his unit at
Fort Stewart, Georgia.  He deployed to Saudi Arabia on 10 January 1991 for
duty as a personnel records supervisor.

6.  Although the applicant’s medical records are not present in the
available records, documents provided by the applicant indicate that he was
evaluated by a dermatologist on 21 June 1991 who diagnosed him as having
suspected basal cell carcinoma of the left ear and actinic keratoses,
multiple.  The physician ordered the applicant medically evacuated
(Medivac) on the next evacuation flight.  The applicant departed the
theater on 26 June 1991, was routed through Wiesbaden Air Force Base in
Germany to Andrews Air Force Base, Maryland.

7.  The extent of the applicant’s treatment at this point is not further
indicated in the available records.  However, his records do show that he
was honorably released from active duty at Fort Stewart, Georgia, on 6
August 1991, due to completion of period ordered to active duty.  He had
served on active duty during this period for 8 months and 8 days.

8.  On 30 March 1993, the applicant was voluntarily transfer to the Retired
Reserve Control Group.

9.  On 29 March 2005, the State of Florida Department of Veterans Affairs
notified the applicant that the United States Department of Veterans
Affairs (VA) had determined that he was totally and permanently disabled.
The letter does not describe the nature of his disability.

10.  A review of his records revealed a Statement of Medical History
(Standard Form 93) prepared by the applicant and contained in his
mobilization packet, which indicates that he had skin cancer removed in
1982, that he had been treated for skin cancer and had a cyst removed in a
Florida Medical Center and that at the time, he was being treated for
possible skin and prostate cancer.

11.  A review of the documents provided by the applicant with his
application shows that all of the physicians opine that the applicant’s
condition is likely the result of his wartime exposure to toxic
environmental hazards.

12.  A further review of his records shows that the applicant has blond
hair and blue eyes and that his civilian occupation was performed in a
power plant in Lakeland, Florida.

13.  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 by a medical officer, and the medical treatment must have been
made a matter of official record.  Examples of enemy-related injuries which
clearly justify award of the Purple Heart include injuries caused by enemy
released chemical, biological or nuclear agents.

14.  Army Regulation 600-8-22 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 provides that there is no statute of limitations on
requests for award of the Purple Heart.

15.  Bowen’s Disease, which is also called squamous cell carcinoma (SCC) in
situ (surface form of cancer), is a form of skin cancer that was named
after the doctor that first described it almost 100 years ago.  It is
usually a red, scaly patch that tends to be seen on areas frequently
exposed to the sun and may be mistaken for rashes, eczema, fungus or
psoriasis.  Sometimes they are brown and look like a keratosis or a
melanoma.  A biopsy must be performed to confirm the diagnosis.  Like other
forms of cancer, SCC in situ is mainly caused by chronic exposure to the
sun or other ultra violet radiation and aging.  Another known cause is
exposure to arsenic.  Persons who are at higher risk include those of older
age, genetic predisposition (skin cancers are more common in those who have
light-colored skin, blue or green eyes and blond or red hair), chemical
pollution and overexposure to x-rays or other forms of radiation.

DISCUSSION AND CONCLUSIONS:

1.  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.

2.  While the applicant has provided evidence to suggest that his disease
may have been caused by his presence in Southwest Asia during the Gulf War,
he has not presented conclusive evidence to establish that he was exposed
to enemy chemical/biological agents that caused his present condition.

3.  Although his attending physicians opine that it is likely that his
presence in the Southwest Theater of Operations contributed to his
condition, it has not been determined definitively or at least within a
reasonable doubt that his condition was the resultant cause of enemy
actions.

4.  Furthermore, the information known about the disease indicates that the
primary causes of his disease are exposure to sunlight, other forms of
radiation and exposure to arsenic.  Persons who are at the highest risk to
get this disease are those of older age, who are genetically predisposed
(light skin, blue or green eyes and red or blond hair) and those exposed to
chemical pollution and over exposure to x-rays or other forms of radiation.
 Not only did the applicant meet most of those criteria and had a history
of skin cancer prior to going to the Gulf War, he also resided in and
worked in a Power Plant in Florida.

5.  While the Board appreciates the applicant’s service to his country and
is in no way attempting to diminish his contributions, there is
insufficient evidence available to establish that he was wounded/injured as
a result of enemy action.  Therefore, in absence of conclusive evidence to
the contrary, there appears to be no basis to award him the Purple Heart at
this time.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 March 1993; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 29 March 1996.  The applicant did not file within the 3-year
statute of limitations and has not provided a compelling explanation or
evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

____RD _  ___PM __  __DH ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.






2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  _____Richard Dumbar______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050009185                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060413                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |199109/06                               |
|DISCHARGE AUTHORITY     |AR 635-200, CH 4. . . . .               |
|DISCHARGE REASON        |REFRAD                                  |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |61/ph                                   |
|1.107.0015              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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