IN THE CASE OF:
BOARD DATE: 28 October 2008
DOCKET NUMBER: AR20080013274
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 spouse of the deceased former service member (FSM), requests that her husband be awarded the Purple Heart.
2. The applicant states that her husband was a crew chief in the Republic of Vietnam when he jumped from a helicopter and injured his ankle. She states that her husband was supposed to receive the Purple Heart but he never did. Her husband was medically evacuated to Japan and while in Japan the Purple Heart was placed by his bed as he waited for it to be presented by General Westmoreland. However, a nurse spilled some urine on the Purple Heart and it was removed from his bed and it was never returned.
3. The applicant provides a copy of her husband's separation document (DD Form 214), a marriage license, marriage certificate, marriage certificate of record, and the certificate of death from the County of Madison in the State of Arkansas.
CONSIDERATION OF EVIDENCE:
1. The FSM's military personnel record shows he enlisted in the Regular Army on 7 August 1969. He completed the necessary training and was awarded the military occupational specialty 67N (UH-1 Helicopter Repairer).
2. The FSM served in the Republic of Vietnam during the period 26 May 1970 to 23 September 1970.
3. The FSM was honorably discharged from active due to physical disability on 26 April 1972. He completed 2 years, 8 months, and 1 day of net service during this period.
4. The FSM's DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), shows the awards of the National Defense Service Medal, Vietnam Service Medal, Air Medal with "V" Device, Republic of Vietnam Campaign Medal with 1960 Device, and Expert Marksmanship Qualification Badge with Rifle Bar (M-16). However, it does not show the award of the Purple Heart.
5. The FSM's DA Form 20 (Enlisted Qualification Record), Item 40 (Wounds), shows the entry "Poss FX (R) leg 27 Aug 70."
6. There are no medical records in the FSM's official military personnel file to show that he was injured as a result of hostile action or to show that he was treated for an injury incurred as a result of hostile action.
7. There are no general orders in the available records which show that the applicant was awarded the Purple Heart.
8. A review of the Republic of Vietnam Casualty Roster does not show the applicant's name listed among those wounded.
9. 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.
10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows that all units assigned in Vietnam from 8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Order Number 8, dated 1974.
11. The applicant's records show that he was awarded the Vietnam Service Medal. However, his DD Form 214 does not show any bronze service stars indicating campaign credit.
12. Appendix B of Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the Sanctuary Counteroffensive (1 May 1970 to 30 June 1070) and the Vietnam Counteroffensive Phase VII (1 July 1970 to 30 June 1971). This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests that her husband be awarded the Purple Heart.
2. Although there is no corroborating evidence to show how the FSM may have sustained the injury, Item 40 of the FSM's DA Form 20 shows the entry "Poss FX (R) leg 27 Aug 70." This is sufficient evidence to meet the criteria for award of the Purple Heart. Therefore, the FSM is entitled to award of the Purple Heart.
3. Evidence shows the FSM is authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, he is entitled to correction of his records to show this unit award.
4. Evidence shows that the FSM participated in two campaigns during his service in the Republic of Vietnam. Therefore, he is entitled to two bronze service stars to be affixed to his Vietnam Service Medal.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X_____ ___X___ ___X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the Board unanimously determined during their review that the available evidence is insufficient to show the injury the individual sustained while exiting the helicopter was a direct result of hostile action. Additionally, there is no indication in the available record that the injury was treated by a medical officer as required by the criteria for award of the Purple Heart. The record in the personnel file is not a medical record and is not sufficient documentation.
___________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) AR20080013274
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080013274
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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