IN THE CASE OF:	  

		BOARD DATE:	  18 October 2011

		DOCKET NUMBER:  AR20110006052 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his records to show award of the Purple Heart.

2.  The applicant states he was exposed to Iraqi chemical nerve agents on multiple occasions during combat operations in Operation Desert Storm.  He states these exposures to chemical weapons were both as an indirect and direct consequence of direct combat with enemy forces of Iraq.  He adds that due to many years of governmental denial that said consequences even happened no award for wounds/injuries as a result of these exposures was ever made.  He states that these exposures have resulted in permanent long-term physical infirmity.

	a.  He further states that on at least two occasions during January 1991 "SCUD" missile attacks set off multiple chemical detection alarms in his unit's vicinity.  On one occasion the following morning many of them were ill, exhibiting symptoms their commander determined were likely due to a cold or mild flu bug (henceforth known as "Saudi Flu").  He states they were given 24 hours rest but no medical attention due to the apparent "mild" symptoms.

	b.  He also states the unit received information that chemical weapons stores were being bombed by coalition aircraft and that on several occasions Iraqi troops had to don chemical protective equipment due to these chemicals being released in the air following bombings.  He further states his team was in the vicinity of the demolition of chemical weapons.  He states that while the levels of chemical nerve agents was low the exposure to them was fairly long term resulting in the eventual infirmity of thousands of former Soldiers.  He states that the fact that there were no obvious signs of injury at the time of the incident should not dilute the legitimacy of a claim of wounds received in action, and time should be no barrier to this claim, as it has been our own government that caused such a length of time to pass before any evidence of these incidents could even be gathered.

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty), DD Form 215 (Correction to DD Form 214), Department of Veterans Affairs (VA) rating decision, "CRUR" Movement Information for Unit Identification Code (UIC) WCAHAA (6th Psychological Operations Battalion), DA Form 638-1 (Recommendation for Award (For Other Than Valor) of Army Achievement Medal, Army Commendation Medal, and Meritorious Service Medal), internet printout related to Evidence Iraq used Chemical Weapons During the 1991 Persian Gulf War, and a U.S. Army and Joint Services Environmental Support Group Director, Center for Research of Unit Records letter addressed to the VA Regional Office Attn: the applicant with attached information.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military records show he enlisted in the Regular Army on 3 October 1985.  He completed initial entry training and was awarded the military occupational specialty of psychological operations specialist.

3.  His DA Form 2-1 (Personnel Qualification Record) shows he served in Saudi Arabia during the period 14 January to 21 April 1991.

4.  He was honorably released from active duty on 31 July 1992.  He completed 6 years, 9 months, and 29 days of total active service.

5.  His records do not contain any evidence that indicates he was ever awarded the Purple Heart.

6.  The applicant provided a VA rating decision dated 6 August 2001, a "CRUR" Movement Information for Unit Identification Code WCAHAA (6th Psychological Operations Battalion), a map showing a pit demolition - potential hazard area with the date of 10 March 1991, and internet printouts on the subject of evidence Iraq used chemical weapons during the 1991 Persian Gulf War.

7.  Army Regulation 600-8-22 (Military Awards) provides 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 medical personnel, and the medical treatment must have been made a matter of official record.  Examples of injuries or wounds which clearly do not qualify for award of the Purple Heart include chemical, biological, or nuclear agents not released by the enemy.

DISCUSSION AND CONCLUSIONS:

1. The applicant contends he was exposed to Iraqi chemical nerve agents, describes how on one occasion members of his team were exhibiting "cold or mild flu bug" symptoms, and states they were given 24 hours rest but no medical attention due to the apparent "mild" symptoms.  

2. The applicant acknowledges he was not given any medical treatment; that is one criterion for award of the Purple Heart.  When he describes coalition aircraft bombing Iraqi weapons stores, that is not a case of chemical agents being released by the enemy.  Therefore those circumstances would not have met the criteria for award of the Purple Heart, either.

3.  Regrettably, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case, and there is an insufficient basis for granting the applicant's requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ____x___  ____x___  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

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.




      _______ _   __x_____   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20110006052



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ABCMR Record of Proceedings (cont)                                         AR20110006052



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