RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03249
		INDEX CODE:  107.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  25 AUG 06

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APPLICANT REQUESTS THAT:

His records be corrected to reflect award of the Purple Heart (PH) for Agent Orange exposure during his service in Vietnam.

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APPLICANT CONTENDS THAT:

He should be awarded the PH due to the fact that while engaged in combat in Vietnam, he was sprayed with Agent Orange.  As a result of being sprayed, he acquired Diabetes, for which he receives compensation from Department of Veterans Affairs (DVA).  DVA determined his diabetes was service connected due to exposure to Agent Orange.

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

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STATEMENT OF FACTS:

On 31 May 1951, the applicant enlisted in the Regular Air Force (RegAF) and served as an aircraft maintenance technician and flight engineer.

His records reflect he participated in flight missions into Vietnam from 22 September 1968 through 7 October 1968, 16 October through 1 November 1968, 7 November 1968 to 23 November 1968, 23 December 1968 through 9 January 1969 and 17 March 1969 through 1 April 1969.

The applicant retired on 1 March 1972, in the grade of technical sergeant (TSgt).  He served 20 years and 9 months of active duty service.

The applicant was diagnosed with adult onset diabetes in 1983 and is receiving Department of Veterans Affairs (DVA) disability compensation for diabetes mellitus based on provisions of Title 38 for presumptive service connection for Agent Orange exposure due to service in Vietnam.  His total combined disability rating is 100 percent.  

In an application dated 23 September 2003, the applicant requested award of the PH.  The Board staff advised the applicant on 11 February 2004, that the processing of his request could not be accomplished due to the fact that the pertinent records to assist in establishing a determination were unavailable to the Board because they were in the possession of DVA.  The Board further advised the applicant to notify the Board once his DVA claim was finalized and the necessary medical records to process his request would be obtained.

The applicant submitted an application for Combat Related Special Compensation (CRSC) and in February 2004, the Air Force Combat Related Special Compensation Board approved the request for CRSC.

The applicant submitted a second application in February 2005.  On 7 April 2005, the Board staff advised the applicant that his DVA records had been received and his case was being forwarded to the offices of primary responsibility for advisory opinions.

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AIR FORCE EVALUATION:

The Chief Medical Consultant, AFBCMR, states Agent Orange is a herbicide that was used in Vietnam between 1962 and 1971.  It contained small amounts of dioxin which has been found to cause a variety of diseases in laboratory animals.  Dioxin has also been associated with an increased risk for the development of diseases in humans including certain cancers (specifically chronic lymphocytic leukemia, soft tissue sarcoma, non-Hodgkin’s lymphoma, Hodgkin’s lymphoma, and prostate cancer) and adult onset diabetes mellitus.  The Medical Consultant further states that Title 38, Section 1116 provides for the VA to grant service connected disability benefits for certain diseases that develop after service that may have been the result of exposure to herbicides during service in Vietnam.  Adult onset diabetes mellitus is one of the diseases identified by the Institute of Medicine/National Academy of Sciences that is presumed to be service connected from exposure to Agent Orange.

Servicemembers are entitled to award of the PH for wounds received as a direct result of enemy action and for which medical treatment was required.  However, medical conditions that are presumed under the provisions of Title 38 to be service connected due to Agent Orange Exposure do not qualify for award of the PH.

Public Law (PL) 108-136, contained a provision to restore the retired pay currently deducted from retiree’s accounts due to their receipt of DVA compensation.  This restoration of retired pay is known as Concurrent Retirement and Disability Pay (CRDP).  Since his disability rating is 100 percent, he is eligible for payments under CRDP.   The applicant may elect either CRSC or CRDP, not both, based on which provides the greatest compensation. 

The Medical Consultant recommends the requested relief be denied.

A complete copy of the evaluation is attached at Exhibit C.

AFPC/DPPPR states in order for a servicemember to be awarded the PH, the individual must provide documentation to support they were wounded as a direct result of enemy action.  In addition, the wound must have required and received medical treatment by medical personnel.  The applicant only provided a copy of his VA medical records.  They further state the applicant has not provided any eyewitness statements nor medical documentation from the area of assignment to substantiate the wounds met the criteria for award of the PH.  Therefore, based on the documentation provided they recommend the requested relief be denied.

A complete copy of the evaluation is attached at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 26 May 2005, for review and response within 30 days.  As of this date, no response has been received by this office.

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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 an error or an injustice warranting award of the Purple Heart Medal.  The applicant claims he is entitled to the Purple Heart for being exposed to Agent Orange while he served in Vietnam.  We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or an injustice.  The Board notes the Purple Heart is awarded for wounds received as a direct result of enemy action.  As noted by the AFBCMR Medical Consultant, while the applicant is suffering from a medical condition that is presumed under Title 38 to be service connected, the medical condition does not qualify him for award of the PH.  The personal sacrifice the applicant 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 absences of evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

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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 AFBCMR Docket Number BC-2003-03249 in Executive Session on 6 July 2005 under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 23 Sep 03.
	Exhibit B.	Veteran Affairs Medical Records.
	Exhibit C.	Letter, AFBCMR Medical Consultant, dated 
		13 Apr 05.
	Exhibit D.	Letter, AFPC/DPPPR, dated 12 May 05.
	Exhibit E.	Letter, AFBCMR, dated 26 May 05, w/atchs.