RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 26 October 2006
DOCKET NUMBER: AR20060005661
I certify that hereinafter is recorded the true and complete record
of the proceedings 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:
| |Ms. Marla Troup | |Chairperson |
| |Mr. Robert Rogers | |Member |
| |Mr. John Heck | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant, as the widow of a deceased former service member,
requests, in effect, that orders for the Purple Heart be awarded
posthumously to her late husband. She also requests issuance of the medal.
2. The applicant states that her late husband was killed while in a
hostile country during a war and was issued a Purple Heart. She contends
that she no longer has her husband or his medals. In a letter submitted on
behalf of the applicant, a friend attests that the applicant was beaten and
robbed of her husband’s medals and flag.
3. The applicant provides an undated letter and a marriage certificate.
CONSIDERATION OF EVIDENCE:
1. The FSM was inducted on 10 January 1966. He served as a light weapons
infantryman in Vietnam from 25 October 1966 until he died on 19 February
1967 as the result of a wound. A DD Form 1300 (Report of Casualty), dated
1 March 1967, states the FSM was returning to his position on guard duty
when he was mistaken for the enemy and was hit by friendly fire. This form
also states, in pertinent part, “HOSTILE DEATH.”
2. There are no orders for the Purple Heart in the available records.
However, the FSM’s service personnel records contain a letter, dated 6
March 1967, from The Adjutant General to the applicant. The letter states,
in pertinent part, that “I have the honor to inform you that the Purple
Heart has been awarded posthumously to your husband.”
3. 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. The regulation provides, in pertinent part, for award of
the Purple Heart to individuals wounded or killed as a result of “friendly
fire” in the “heat of battle” as long as the “friendly” projectile or agent
was released with the full intent of inflicting damage or destroying enemy
troops or equipment.
4. Paragraph 1-25 of Army Regulation 600-8-22 provides that awards made by
the President, Secretary of Defense and the Secretary of the Army will be
announced in Department of the Army General Orders.
DISCUSSION AND CONCLUSIONS:
Evidence of record shows the FSM died on 19 February 1967 in Vietnam as a
result of a wound incurred by friendly fire; therefore, he is entitled to
award of the Purple Heart. Although the 1967 letter shows the Purple Heart
was awarded posthumously to the FSM, there are no orders for the Purple
Heart. Therefore, it would be appropriate at this time to award
posthumously the Purple Heart to the FSM for wounds received in action on
19 February 1967 in Vietnam.
BOARD VOTE:
MT_____ _RR____ __JH____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief. As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by:
a. awarding to him, posthumously, the Purple Heart for wounds
received in action on 19 February 1967 in Vietnam; and
b. issuing the Purple Heart to the applicant.
___Marla Troup_______
CHAIRPERSON
INDEX
|CASE ID |AR20060005661 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20061026 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |107.0015 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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