RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 November 2007
	DOCKET NUMBER:  AR20070001954 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Rial D. Coleman

Analyst

The following members, a quorum, were present:


Mr. Kenneth L. Wright

Chairperson

Ms. LaVerne M. Douglas

Member

Mr. Michael J. Flynn

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 requests that her husband's, a deceased former service member (FSM), records be corrected to show that he was awarded the Purple Heart.

2.  The applicant states, in effect, that her husband was wounded while serving in the Republic of Vietnam and that treatment of his wound required surgery in Japan.  The applicant desires to include award of the Purple Heart on her deceased husband's grave marker.

3.  The applicant provides a copy of the FSM's Honorable Discharge Certificate, the FSM's DD Form 214 (Certificate of Release or Discharge from Active Duty), a letter from the National Personnel Records Center, and the FSM's Certificate of Death in support of this application.  

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  Records show the FSM enlisted in the Army on 30 April 1965 and successfully completed basic training and advanced individual training.  Upon completion of advanced individual training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).  On 20 April 1976, the FSM reclassified to military occupational specialty 94B (Food Service Specialist).  The records indicate the FSM served honorably during subsequent periods of enlistment until he retired on 31 July 1985.  The highest grade held by the FSM while on active duty was sergeant first class/pay grade E-7.

3.  Records show the FSM served in the Republic of Vietnam for the periods of 22 November 1965 through 7 November 1966, 6 February 1969 through 
19 September 1969, and 24 August 1970 through 23 September 1971.

4.  The FSM's name does not appear on the Vietnam Casualty Roster. 

5.  Item 9 (Awards, Decorations and Campaigns) of the FSM's DA Form 2-1 (Personnel Qualification Record) does not show award of the Purple Heart.

6.  Neither the three DD Forms 214 encompassing the time period the FSM served in the Republic of Vietnam nor the DD Form 214 issued upon his retirement show award of the Purple Heart.  The FSM signed each DD Form 214.

7.  A review of the FSM's Official Military Personnel File (OMPF) on microfiche, DA Form 201 (Military Personnel Records Jacket), and available medical records revealed no indication of him ever being wounded as the result of a hostile action.

8.  Army Regulation 600-8-22 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.  A physical lesion is not required, however, the wound for which the award is made must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.

9.  The FSM's widow provided a letter addressed to her from the National Personnel Records Center, Military Personnel Records, Saint Louis, Missouri, dated 1 December 2006.  The letter was sent in response to the widow's request for information.  The letter, in pertinent part, informs the widow that no record was found authorizing award of the Purple Heart to the FSM.

10.  DA Form 2173 (Statement of Medical Examination and Duty Status), dated 
24 October 1969, shows the FSM injured his right knee while playing volley ball in the vicinity of My Duc, in the Republic of Vietnam on or about 23 May 1969.  This form further shows the knee became progressively worse and required medical attention.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that her husband was wounded in the Republic of Vietnam and should be awarded the Purple Heart was carefully considered.


2.  There are no general orders that show the FSM was awarded the Purple Heart.  Evidence of record does not show the FSM was wounded as a result of hostile action or treated for such wounds.  The FSM's name does not appear on the Vietnam Casualty Roster.

3.  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.

BOARD VOTE:

_KLW ___  __MJF___  _LMD__   GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  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.





_Kenneth L. Wright___
          CHAIRPERSON





INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.