| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Mr. Raymond V. O’Connor | Chairperson | |
| Ms. Margaret K. Patterson | Member | |
| Mr. Arthur A. Omartian | Member |
APPLICANT REQUESTS: In effect, as the widow of a deceased former service member (FSM), that her husband’s military records be corrected to show that he served in Vietnam. She also requests that her late husband be awarded the Purple Heart for wounds sustained in Vietnam.
APPLICANT STATES: In effect, that her husband served in Vietnam at a time when U.S. soldiers were not supposed to be in the region and that his time spent in Vietnam was a covert action. She contends that not only was her husband required to serve in Vietnam, he was injured during a mortar attack and suffered a concussion, and that he attributed his loss of hearing on the right side to the injuries he suffered. She further contends that her husband was air lifted to receive medical treatment, that he had scars on his neck and right shoulder and that he told every doctor of the mortar attack injury in the course of providing his medical history. In support of her application, she submits a letter of explanation, dated 8 April 2002; a copy of the FSM’s DD Form 214 (Report of Transfer or Discharge); a copy of their Marriage Certificate; a copy of the FSM’s Death Certificate; a medical record, dated 6 January 1999; a medical record, dated
4 December 1997; a letter, dated 4 October 2001; a clinical record cover sheet, dated 14 November 1960; and copies of the FSM’s service personnel records.
EVIDENCE OF RECORD: The FSM's military records show:
The FSM was inducted on 12 March 1959. He served as a machine accounting specialist and was honorably released from active duty on 28 February 1961.
The FSM’s DD Form 214, which was authenticated in his own hand, does not show that he served any foreign service.
There is no evidence in the FSM’s service personnel records that he served in Vietnam.
Section 5 (Service Outside Continental United States) on the FSM’s DA Form 24 (Service Record) is blank.
Item 29 (Foreign Service) on the FSM’s DA Form 20 (Enlisted Qualification Record) is blank.
The FSM’s DD Form 214 does not show the Purple Heart as an authorized award.
There is no evidence in the FSM’s service personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action.
Item 27 (Wounds Received as a Result of Action with Enemy Forces) on the FSM’s DD Form 214 shows the entry, “None.”
Section 9 (Medals, Decorations, and Citations) on the FSM’s DA Form 24 (Service Record) does not reflect entitlement to the Purple Heart and Section
8 (Wounds Received Through Enemy Action) is blank.
Evidence of record shows that on 18 January 1961 the FSM underwent a separation physical examination which makes no mention of any wounds sustained as a result of hostile action.
In support of her claim for award of the Purple Heart, the applicant provided an Initial Assessment/Adult Patient, dated 6 January 1999. This medical record shows that the FSM reported that he sustained a concussion from a mortar shell. She also provided a copy of a hearing test, dated 4 December 1997.
Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directs that foreign service performed during the period covered by the DD Form 214 will be entered in item 24c. The regulation also states that the amount of foreign service will be taken from the soldier’s Enlisted Qualification Record or, if necessary, verified from the soldier’s Military Personnel Records Jacket.
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.
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. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that the FSM served in Vietnam. Therefore, there is no basis for amending the FSM’s military records to show that he served in Vietnam.
2. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that the FSM was wounded or treated for wounds as a result of hostile action.
3. Evidence of record does show that the FSM signed his discharge document on 28 February 1961 attesting to the fact that he was not wounded as a result of action with enemy forces and was not entitled to award of the Purple Heart. Therefore, 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
RVO___ MKP_____ AAO_____ DENY APPLICATION
| CASE ID | AR2002074869 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20021001 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 113.0000 |
| 2. | 107.0015 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2013 | 20130021515
He and his sergeant were wounded when a shell exploded sending him and his sergeant back into the trenches. The applicant provides Congressional correspondence and the following previously-considered and/or available documents: * Self-authored summary of service highlights * Letters from fellow Soldiers * Certificate showing another Soldier was awarded the Purple Heart * WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Service) * Honorable Discharge Certificate *...
ARMY | BCMR | CY2005 | 20050002396C070206
The DD Form 214 does show that the Korean Service Medal was awarded with one bronze service star to denote the FSM's campaign participation while he served in the Korean War. Once the Department of the Air Force has authorized the Korean War Service Medal, the applicant may apply to the Army Board for Correction of Military Records to have it added to his DD Form 214. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.
ARMY | BCMR | CY2014 | 20140017278
There is no available evidence that indicates the FSM's death resulted from hostile actions perpetrated by an enemy of the United States. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded to any member who, while serving under competent authority in any capacity with one of the armed services, has been wounded or killed or who has died or may hereafter die after being wounded: a. in any action against an enemy of the United States; b. in any action with an...
ARMY | BCMR | CY2012 | 20120008011
There are no orders for the DFC or PH in the available records. The available records are void of any documents or orders showing the FSM was ever recommended for or awarded the DFC or awarded the PH during his active duty service. There is no evidence in the available records that shows the FSM was wounded as a result of hostile action in Vietnam.
ARMY | BCMR | CY2008 | 20080009075
The applicant requests correction of her husband's records, a deceased former service member (FSM), to show award of the Purple Heart. Item 41 (Awards and Decorations) of the FSM's DA Form 20 does not show award of the Purple Heart. In the absence of evidence that the FSM was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case.
ARMY | BCMR | CY2005 | 20050013388C070206
The applicant requests, as the wife of a deceased former service member (FSM), that her late husband's military records be corrected to show that he was awarded the Purple Heart and the Good Conduct Medal. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214. As a result, the Board recommends that all Department of the Army records...
ARMY | BCMR | CY2002 | 2002083107C070215
The FSM's DD Form 214 shows he received the Korean Service Medal with three bronze service stars. There is no evidence of record, and the applicant has provided no evidence, which shows the FSM was awarded two awards of the Bronze Star Medal, one award for valor. That so much of the application as pertains to correction of his DD Form 214 to show his rank as master sergeant, two additional awards of the Purple Heart, the Bronze Star Medal with First Oak Leaf Cluster with "V" Device, one...
ARMY | BCMR | CY2012 | 20120011817
The applicant, the wife of a former service member (FSM), requests reconsideration of the FSM's request for award of the Purple Heart and correction of the his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show this award. There are no orders in the FSM's available service personnel records that show he was awarded the Purple Heart. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action...
ARMY | BCMR | CY2009 | 20090015780
The applicant requests correction of the DD Form 214 (Report of Separation from Active Duty) of her deceased husband, a former service member (FSM), to show two awards of the Purple Heart. It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of...
ARMY | BCMR | CY2010 | 20100023828
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. 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. In the absence of corroborating documentary evidence that shows the FSM...