IN THE CASE OF:
BOARD DATE: 14 May 2009
DOCKET NUMBER: AR20090002192
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 sister of the deceased former service member (FSM), requests correction of the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart.
2. The applicant states, in effect, that the FSM was shot in the neck while serving in the Republic of Vietnam and received the Purple Heart, but it was not entered on his DD Form 214.
3. The applicant provides copies of the FSM's DD Form 214 and Certificate of Death. She also provides a copy of the Domiciliary Letters granting her general powers and duties of a personal representative in matters pertaining to the FSM's estate in support of this application.
CONSIDERATION OF EVIDENCE:
1. On 27 April 1968, the FSM was inducted into the Army of the United States for 2 years. He completed his initial training and was awarded military occupational specialty (MOS) 63B (Wheel Vehicle Repairman).
2. On 14 February 1969, the FSM departed Fort Rucker, Alabama, for duty in the Republic of Vietnam. He was subsequently assigned to the 63rd Signal Battalion.
3. On 26 September 1969, the FSM was promoted to sergeant, pay grade E-5.
4. On 29 September 1969, the FSM was awarded secondary MOS 36L (Wire Team Chief).
5. On 24 March 1970, the FSM returned to the United States.
6. On 25 March 1970, the FSM was released from active duty. He had attained the rank of sergeant, pay grade E-5, and had completed 1 year, 11 months, and 29 days of creditable active duty service.
7. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the FSM's DD Form 214 lists his awards as the National Defense Service Medal and the Republic of Vietnam Campaign Medal. It also shows that the FSM was awarded a marksmanship badge for qualification with the M-14 rifle. It does not show award of the Purple Heart.
8. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders awarding the FSM the Purple Heart.
9. The FSMs name is not listed on the Vietnam casualty roster.
10. Item 40 (Wounds) of the FSM's DA Form 20 (Enlisted Qualification Record) is blank.
11. 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 AND CONCLUSIONS:
1. The applicant contends that the FSM was shot in the neck while serving in the Republic of Vietnam and received the Purple Heart.
2. There are no general orders that show the FSM was awarded the Purple Heart. The FSM's name is not listed on the Vietnam casualty roster. The applicant has not provided any substantiating evidence or convincing argument showing that the FSM sustained a wound or injury while serving in the Republic of Vietnam or that any such wound or injury was the result of enemy action.
3. 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 the aforementioned requirement.
4. Regrettably, in view of the foregoing there is no 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) AR20090002192
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20090002192
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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