BOARD DATE: 31 March 2011 DOCKET NUMBER: AR20100023828 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant, the widow of a deceased former service member (FSM) requests correction of her deceased husband's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart. 2. The applicant states, in effect, her deceased husband was wounded in Vietnam and he received a Purple Heart but it is not shown on his DD Form 214. 3. The applicant provides a nearly illegible newspaper article, a letter written by the FSM to his grandparents, and the FSM's Certificate of Death. CONSIDERATION OF EVIDENCE: 1. The FSM's records show he was inducted into the Army of the United States on 2 November 1967 and he held military occupational specialty 11C (Infantry Indirect Fire Crewman). He served in Vietnam from on or about 16 April 1968 to 3 June 1969 while assigned to 2nd Battalion, 502nd Infantry. 2. He was honorably released from active duty on 5 June 1969 as an overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. He completed 1 year, 7 months, and 4 days of total active service. 3. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the FSM's DD Form 214 shows the: * Bronze Star Medal * Army Commendation Medal * Army Good Conduct Medal (1st Award) * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge 4. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank. 5. There is no medical evidence in the FSM's available record that shows he sustained wounds as a result of hostile action or that he was treated for wounds sustained as a result of hostile action. 6. The Vietnam casualty listing, a compilation of all casualties during the Vietnam War, does not list the FSM as a casualty. 7. Review of the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart pertaining to the FSM. 8. The applicant provides a letter written by the FSM wherein he states he was wounded (during military action) but he did not know about it until later and it was not serious enough to leave the field as it was only a scratch. He further states he thought he might have been put in for a Purple Heart. 9. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 by medical personnel, and the medical treatment must have been made a matter of official record. DISCUSSION AND CONCLUSIONS: 1. The criteria for award of the Purple Heart requires a Soldier to have been injured or wounded by hostile action, the wound must have required treatment by medical personnel, and the medical treatment for wounds or injuries received in action must have been made a matter of official record. 2. The evidence of record does not show, and the applicant did not provide any conclusive evidence to show, that the FSM received wounds as a result of hostile action or that he was treated by medical personnel for those wounds. The FSM's letter and the newspaper article are insufficient to warrant relief in this case. In the absence of corroborating documentary evidence that shows the FSM was wounded as a result of hostile action and treated for those wounds, regrettably, there is insufficient evidence upon which to base award of the Purple Heart. 3. Nevertheless, this action in no way diminishes the sacrifices made by the FSM in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ __x___ ____x___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ____________x___________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20100023828 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100023828 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1