RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02998

						COUNSEL:  NONE

						HEARING DESIRED:  NONE INDICATED 

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) medal.  

APPLICANT CONTENDS THAT:

He contracted Agent Orange from drinking water from a well in Phan Rang, Vietnam.  

He takes almost 40 pills a day; has stomach issues, diabetes, and worries about getting cancer.  

His service treatment records indicate that he had acne vulgaris on his face and back approximately eight years prior to service entry.  However, photos of himself at age 10, age 14, while in technical training school, and upon his arrival to Vietnam at age 19, does not show acne vulgaris.  He began breaking out on his left side at the age of 19 and then the right side became worse.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 28 April 1970.  

On 27 April 1978, the applicant was furnished an honorable discharge, and was credited with 8 years of active service.  

On 5 February 2016, AFPC/DP1SP was able to verify the applicant’s entitlement to the Air Force Outstanding Unit Award with Valor and one Bronze Oak Leaf Cluster (AFOUA w/V & 1BOLC) and the Air Force Longevity Service Award with one Bronze Oak Leaf Cluster (AFLSA w/1BOLC).  His records will be administratively corrected.  

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.  

AIR FORCE EVALUATION:

AFPC/DP3SP recommends denial.  The PH Medal is awarded to members of the United States Armed Forces who have been wounded, killed, or who have died or may hereafter die of wounds received in action against an enemy of the United States or opposing force as a result of an act of any such enemy or opposing armed force, an international terrorist attack or during military operations while serving as part of a peacekeeping force.  A wound for which the award is made must have required treatment, not merely examination, by a medical officer.  Additionally, treatment of the wound shall be documented in the Service member’s medical and/or health record.  Award of the PH Medal may be made for wounds treated by a medical professional other than a medical officer, provided a medical officer includes a statement in the Service member’s medical record that the extent of the wounds were such that they would have required treatment by a medical officer if one had been available to treat them.  

The applicant’s request lacks the documentation necessary to submit to the Purple Heart Review Board for consideration.  Moreover, Agent Orange exposure does not meet the established criteria for consideration of award of the PH.  Examples of injuries or wounds which clearly do not justify award of the PH include:  frostbite or trench foot injuries; heat stroke; food poisoning not caused by enemy agents; chemical, biological, or nuclear agents not released by the enemy; battle fatigue; disease not directly caused by enemy agents; accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action; self-inflicted wounds, except when in the heat of battle and not involving gross negligence; post-traumatic stress disorders; and/or jump injuries not caused by enemy action.  Agent Orange was an herbicide used by the United States to remove foliage providing cover for the enemy during the Vietnam Conflict.  It is not an enemy action and injuries caused by it do not fulfill the criteria for award of the PH Medal.  

A complete copy of the AFPC/DP3SP evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 19 February 2016 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

FINDINGS AND CONCLUSIONS OF THE BOARD:

Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a careful review of the applicant's contentions, documentation submitted in support of the request, and the available evidence of record, we are not convinced the applicant has provided sufficient evidence for us to conclude that he is the victim of an error or injustice.  We also note the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603.  While the applicant claims a date of discovery of less than three years prior to receipt of the application, we believe a reasonable date of discovery was more than three years prior to receipt of the application.  Therefore, because we do not find it would be in the interest of justice to recommend granting relief, and the applicant has offered no plausible reason for the delay in filing the application, we cannot conclude it would be in the interest of justice to excuse the failure to timely file the application.  Accordingly, we find the application untimely.

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.

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

The following members of the Board considered AFBCMR Docket Number BC-2015-02998 in Executive Session on 8 September 2016 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02998 was considered:

	Exhibit A.  DD Form 149, dated 13 May 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 5 February 2016.
	Exhibit D.  Letter, AFBCMR, dated 19 February 2016.  

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter.