RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  02-01031
INDEX CODE:  107.00 
	
	XXXXXXXXXXXXXXXXXXX			COUNSEL: NONE

	XXXXXXXXX					HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT: 

He be awarded the Purple Heart Medal.
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APPLICANT CONTENDS THAT:

He was present at King Fahd International Airport on or about 0459L, 23 Feb 91, when Iraqi forces launched two SS-1 SCUD surface–to-surface ballistic missiles with specific intent of engaging U.S. military forces deployed in the vicinity of that area.  He suffered an injury from Inhibited Red Fuming Nitric Acid fumes from the SCUD missile attack on 23 Feb 91.  He is being unjustly denied the Purple Heart Medal and the future entitlement to priority VA medical care that Purple Heart Medal recipients receive.

In support of his application, he provides a personal statement, a copy of his disability retirement orders, military publications on the award of the Purple Heart Medal, information obtained from the Internet on Gulf War Illnesses, and medical records before and immediately subsequent to the alleged exposure.  The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 30 Jun 81, the applicant entered active duty in the Regular Air Force at the age of 18.  He was progressively promoted to the rank of Senior Master Sergeant with the date of rank of 1 Jan 98.

The applicant’s available military medical records indicate that, during the period he was assigned to Southwest Asia (18 August 1990 to 18 March 1991), he received medical treatment on 23 January 1991 for complaints of neck pain for one day.  His condition was diagnosed as a cervical strain and he was treated with Motrin.  His medical records contain no other evidence of medical treatment during this period of time.

Applicant was permanently retired because of physical disability on 4 Jun 02, having served 20 years, 11 months and 4 days on active duty.  Applicant served 8 years, 1 month and 17 days of foreign  service, of which 7 months was in support of Operations DESERT SHIELD and DESERT STORM while stationed at King Fahd International Airport (KFIA) in Saudi Arabia.  The applicant’s disability retirement was based on the approved findings and recommendations of a Formal Physical Evaluation Board (FPEB), which had determined that he was unfit because of diagnoses of “Degenerative Joint Disease, Talonavicular, Post-Traumatic” and “Asthma, mild”.  Each condition was rated as 10% disabling for a compensable rating of 20%.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  It is DPPPR’s opinion that the applicant has not provided the necessary documentation to substantiate his claim for eligibility for the Purple Heart Medal.  The AFPC/DPPPR evaluation is at Exhibit C.  

BCMR Medical Consultant recommends denial.  The available medical evidence does not provide support for the applicant’s request for the Purple Heart Medal.  The BCMR Medical Consultant’s assessment is at Exhibit D. 
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states he was medically treated three times during his participation in Operation DESERT STORM. Only one record of treatment was filed in his service record.  The two remaining records of medical treatment cannot be located.  The applicant’s rebuttal is at Exhibit E. 

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After a thorough review of the available records, we found no evidence that the individual is eligible for the award of the Purple Heart Medal.  The applicant asserts he was injured from exposure to Inhibited Red Fuming Nitric Acid fumes from the SCUD missile attack on 23 February 1991 while stationed at King Fahd International Airport (IAP) in Saudi Arabia.  However, other than his own assertions, he has provided no evidence to substantiate this claim.  There were no eyewitness statements provided or proof that any other individuals stationed at the King Fahd IAP were affected from the SCUD missile explosion at 0459L on 23 February 1991.  The applicant claims that there is missing medical documentation that supports his claim; however, the available medical evidence does not support the applicant’s request for a Purple Heart Medal.  There is no evidence showing the applicant was treated unfairly or unjustly, therefore, we find no compelling basis to recommend granting the relief sought in this application. 

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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.

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The following members of the Board considered this application in Executive Session on 4 December 2002, under the provisions of AFI 36-2603:

The following documentary evidence was considered in connection with AFBCMR Docket No. 02-01031:

	Exhibit A.  DD Form 149, dated 15 Mar 02, with attachments.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPPPR, dated 7 Aug 02.
	Exhibit D.  Letter, BCMR Medical Consultant, dated 26 Jun 02.
	Exhibit E.  Applicant’s Rebuttal, dated 14 Sep 02, with
                Attachments.