RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2016-02396

							COUNSEL: 

							HEARING: YES

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH).

APPLICANT CONTENDS THAT:

He was exposed to Agent Orange in Vietnam, which caused permanent heart disease and Diabetes.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 22 Oct 68, the applicant was discharged from the Air Force as an airman first class.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP3SP recommends denying the application.  Exposure to Agent Orange, heart disease, and Diabetes, do not meet the criteria for award of the PH.  

AFPC/DP3SP was able to verify the applicant’s entitlement to the following Air Force Medals and/or Ribbons:  Presidential Unit Citation, Air Force Outstanding Unit Award with Valor, Air Force Good Conduct Medal, Vietnam Service Medal with three Bronze Service Stars, and Republic of Vietnam Gallantry Cross with Palm.  Upon final Board decision, AFPC/DP2STM will administratively correct the applicant’s personnel record to reflect these awards.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 16 Aug 17 for comment (Exhibit D), but has received no response. 

THE BOARD CONCLUDES:

1.  The application was not timely filed; however, it is in the interest of justice to excuse the delay.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an injustice.  The Board concurs with the rationale and recommendation of AFPC/DP3SP and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records, beyond that rendered administratively.

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 the Board’s understanding of the issues involved.

THE BOARD RECOMMENDS:  

The applicant be informed that the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

The application was adjudicated without a personal appearance.

CERTIFICATION:  

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5., considered Docket Number BC-2016-02396 in Executive Session on 1 May 18:

All members voted not to correct the record.  The panel considered the following:

Exhibit A:  Application, DD Form 149, w/atchs, dated 6 Jun 16.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:  Advisory Opinion, AFPC/DP3SP, dated 13 Oct 16.
Exhibit D:  Notification of Advisory, SAF/MRBC to applicant, dated 16 Aug 17.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9, regarding AFBCMR Docket Number BC-2016-02396.