RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2003-00033

	 	COUNSEL:  NONE

	 	HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

Her spouse be awarded the Purple Heart (PH).

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THE APPLICANT CONTENDS THAT:

In essence, her husband should be awarded the PH because he is receiving a 100% disability rating from the Department of Veterans Affairs (DVA) for a condition that he incurred during his deployment to the Persian Gulf.  He has been determined to be incompetent for pay purpose by the DVA, the Department of Defense (DoD) and the Social Security Administration.  He requires supervision 24 hours a day.

In support of the appeal, the applicant submits a copy of a recent DVA decision to continue awarding her husband a 100% disability rating for memory loss with sleep problems, fatigue, headaches and spurts of rage as due to undiagnosed illness associated with Southwest Asia.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The member enlisted in the Regular Air Force on 29 July 1971.  He was progressively promoted to the grade of technical sergeant.

From 2 August 1990 to 13 June 1991, he served in support of OPERATION DESERT STORM/SHIELD and from 11 August 1990 to 12 March 1991 served in the DESERT STORM/SHIELD area of responsibility.  The Enlisted Performance Report (EPR) rendered during this period indicates that he was deployed to provide chemical warfare defense training to United States and Allied troops.

On 12 April 1991, he underwent a retirement physical and was found medically qualified.  The Report of Medical History prepared in conjunction with his retirement physical indicates that in 1990, he had recent loss of weight due to deployment during DESERT STORM, no treatment was sought, no diagnosis was made, and he fully recovered.
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On 1 August 1991, he voluntarily retired for years of service established by law.

The PH is awarded for wounds received as a direct result of enemy action (i.e., gunshot or shrapnel wounds, hand-to-hand combat wounds, forced aircraft bail out injuries, etc.) that required or received treatment by medical personnel.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied and states, in part, that there is no evidence in the member’s military personnel records that supports that he was injured as a direct result of enemy action; therefore, he is not entitled to the PH.

The AFPC/DPPPR evaluation, with attachment, is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 3 June 2003 for review and response within 30 days.  However, as of this date, this office has received no response.

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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 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 applicant’s contentions, we are not persuaded that her husband has been the victim of an error or injustice.  The personal sacrifice he endured for his country is noted and our decision in no way diminishes the high regard we have for his service; however, insufficient documentary evidence has been presented to warrant awarding him the Purple Heart.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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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 Docket Number BC-2003-00033 in Executive Session on 21 August 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 31 Dec 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 29 May 03, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 3 Jun 03.