IN THE CASE OF:	  

		BOARD DATE:	 23 September 2008  

		DOCKET NUMBER:  AR20080006669 


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, as the spouse, requests, in effect, that her husband, a deceased former service member (FSM) be awarded the Purple Heart.  

2.  The applicant states, in effect, that the Purple Heart was not properly documented on the FSM's DD Form 214 (Armed Forces of the United Stated Report of Transfer or Discharge), dated 20 December 1973.  She states that it is unknown whether or not the award of the Purple Heart was documented in the FSM's service record.  She states that her husband, the FSM, was severely wounded in action against the enemy in Vietnam during the period 17 May 1969 to 31 July 1969 and was hospitalized for several months recovering from his wounds.  As such, she states, that her husband, the FSM, met all criteria required for award of the Purple Heart.  She adds that he may have refused the Purple Heart out of guilt of being the sole survivor of an enemy ambush on his squad.  

3.  The spouse of the FSM provided a copy of a Standard Form (SF) 180 (Request Pertaining to Military Records) and a copy of the FSM's Death Certificate in support of her request.

CONSIDERATION OF EVIDENCE:

1.  The FSM's record shows he enlisted in the Regular Army on 31 January 1966.  He was trained as a Light Weapons Infantryman, in military occupational specialty (MOS), 11B.  He was promoted to SGT/E-5 effective 27 October 1967.  He served until he was honorably discharged on 26 November 1967 for immediate reenlistment.   

2.  The FSM's DD Form 214, dated 26 November 1967, shows he was awarded     the National Defense Service Medal and the Marksman Marksmanship Qualification Badge, with Rifle Bar (M-14).  His DD Form 214, dated 26 November 1967, does not show any additional awards.

3.  The FSM reenlisted on 27 November 1967.  He served in Vietnam from 17 May 1969 to 31 July 1969.  He was promoted to staff sergeant (SSG/E-6) effective 30 October 1970.  He then served in the Ryuku Islands, Japan from 3 January 1971 to 8 August 1973.  He served until he was honorably discharged on 20 December 1973 for immediate reenlistment.

4.  The FSM’s DD Form 214, dated 20 December 1973, shows he was awarded the Vietnam Service Medal; the Combat Infantryman Badge; the Good Conduct Medal, 2nd Award; and the Armed Forces Expeditionary Medal.  His DD Form 214, dated 20 December 1973, does not show any additional awards.

5.  The FSM's DA Form 20 (Enlisted Qualification Record) does not show an entry in item 40 (Wounds) and the Purple Heart is also not shown as an authorized award in item 41 (Awards and Decorations).  Item 38 (Record of Assignments) shows that he was in a patient status effective 13 July 1969 until 1 September 1969.   

6.  The FSM's records contain a copy of NA (National Archives) Form 13038 (Certification of Military Service), which was issued on 11 August 2005, and which shows that the FSM reenlisted on 21 December 1973 and served until 6 December 1979.  His records show that he was promoted to sergeant first class (SFC/E-7) effective 27 June 1978.

7.  The FSM reenlisted on 7 December 1979.  He served until he was honorably discharged on 16 June 1980, in order to accept an appointment as a warrant officer in the United States Army Reserve (USAR).

8.  The FSM's DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 16 June 1980, shows he was awarded the National Defense Service Medal; the Vietnam Service Medal; the Combat Infantryman Badge; the Good Conduct Medal, 4th Award; the Armed Forces Expeditionary Medal; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the Expert Marksmanship Qualification Badge, with Rifle Bar.  His DD Form 214, dated 16 June 1980, does not show any additional awards.

9.  The FSM was appointed as a Warrant Officer (WO1/W-1) in the USAR effective 17 June 1980.  He was promoted to CW2/W-2 effective 17 June 1982.  He served until he was separated for the purpose of retirement on 28 February 1986.  He was placed on the Retired List effective 1 March 1986, in pay grade W-2. 

10.  There are no orders in the FSM's personnel records which show that he was awarded the Purple Heart.   There also is no evidence in the FSM's records to show he was wounded or treated for wounds as a result of hostile action.  

11.  The FSM's name does not appear on the Vietnam Casualty Roster for a wound received as a result of hostile action during the period 17 May 1969 to 31 July 1969. 

12.  During the processing of this case, a member for the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any Purple Heart orders for the FSM.

13.  The FSM's medical records are unavailable for review.

14.  The FSM died on 18 March 2008.

15.  The applicant provided a copy of SF Form 180 which shows that she requested a copy of her husband's, the FSM, medical records which were not received at the time her request was received by the Army Board for Correction of Military Records (ABCMR). 

16.  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 by military medical personnel, and the medical treatment must have been made a matter of official record. 

DISCUSSION AND CONCLUSIONS:

1.  To be awarded the Purple Heart, substantiating evidence must be presented to show that the Soldier was wounded as the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

2.  There is no evidence, and the applicant provided insufficient evidence to show that the FSM was wounded as the result of hostile action.  The FSM's name does not appear on the Vietnam Casualty Listing.  There were no entries made in his service personnel records to show he was wounded as a result of hostile action and no orders were published to award him the Purple Heart.

3.  The applicant claims, in effect, that the award of the Purple Heart was not properly documented on her husband's, the FSM, DD Form 214, dated 20 December 1973, and that it was unknown if the award was documented on the FSM's service record.  She also claims that the FSM was severely wounded in action against the enemy in Vietnam during the period 17 May 1969 to 31 July 1969 and was hospitalized for several months recovering from his wounds.  A review of the FSM's service record shows that he was in a patient status from 13 July 1969 until 1 September 1969; however, his records failed to show that he was severely wounded in action during that period.  

4.  The FSM's medical records were not available for review.  The applicant requested the FSM's medical records prior to her request to the Board but they were not received at the time her request was received by the ABMCR; therefore, based on the available evidence presented, there is insufficient basis to approve or consider an award of the Purple Heart to the FSM.

5.  In order to justify correction of a military record, the applicant must show, to the satisfaction of the Board, or it must otherwise appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

6.  In view of the foregoing, there is insufficient basis for granting the applicant's request.

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)                                         AR20080006669



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ABCMR Record of Proceedings (cont)                                         AR20080006669



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