MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           13 March 2003     
	DOCKET NUMBER:   AR2002078031

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas A. Pagan		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. John A. Kelley		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  Award of the Purple Heart.

APPLICANT STATES:  In effect, that he was exposed to unknown chemicals during the Persian Gulf War.  He contends that several times throughout the war chemical alarms sounded, that a scud missile exploded above the airfield and dispensed a large green cloud over the area and that he was in the area when the chemical dumps were blown up.  He also contends that after returning home, he began having numerous health problems which are documented with the Department of Veterans Affairs (DVA).  He claims that he was rated 20 percent disabled due to his service/exposure during the Gulf War.  In support of his application, he submits a letter of explanation, dated 15 August 2002; a copy of his DD Form 214 (Certificate of Release or Discharge From Active Duty); a copy of DD Form 215 (Correction of DD Form 214, Certificate of Release or Discharge from Active Duty); excerpts pertaining to the Purple Heart from Army Regulation 600-8-22 (Military Awards); an article titled, "Gulf War Veterans' Illnesses" in the Congressional Research Service for Congress, dated 11 April 1997; DVA documentation, dated 17 January 2001 and 10 January 2001; an article titled, "Study links brain damage in Gulf War vets to nerve gas exposure"; information pertaining to the Gulf War Resource Center, Inc.; and information pertaining to Compensation for Undiagnosed Illnesses of Persian Gulf Veterans.    

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant was ordered to active duty in support of Operation Desert Shield/Desert Storm on 6 December 1990.  He served as a military policeman in Southwest Asia from 20 January 1991 through 20 May 1991 and was honorably released from active duty on 8 June 1991.

The applicant's DD Form 214 with an effective date of 8 June 1991 does not show the Purple Heart as an authorized award.

There is no evidence in the available records that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Southwest Asia.

There is no evidence in the available records that the applicant was injured by enemy released chemical, biological, or a nuclear agent in Southwest Asia. 

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.  This regulation also states, in pertinent part, that an injury caused by enemy released chemical, biological, or a nuclear agent would qualify for award of the Purple Heart.
 
DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The Board considered the applicant's contention that he should be awarded the Purple Heart because he was exposed to unknown chemicals during his service in Southwest Asia.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was injured by enemy released chemical, biological, or a nuclear agent in Southwest Asia. 

2.  There is also no evidence that the applicant was wounded or treated for wounds as a result of hostile action in Southwest Asia.

3.  Based on the foregoing, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.
 
5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

TAP____ RWA____  JAK_____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002078031	
SUFFIX		
RECON		
DATE BOARDED	20030313	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.