BOARD DATE:	  15 September 2009

		DOCKET NUMBER:  AR20090006985 


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 requests correction of the records of her deceased husband, a former service member (FSM), to add his award of the Purple Heart (PH) and Bronze Star Medal (BSM).

2.  The applicant states that the FSM's medical records listed his awards of the PH and BSM; however, these awards were not listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  She states that the FSM had scars from being wounded.  She further states that she wanted the PH and BSM on the FSM's headstone.

3.  The applicant provides, in support of her application, the FSM's Certificate of Death, DD Form 214, and page 4 of his DA Form 20 (Enlisted Qualification Record) which contains entries for award of the PH and BSM in item 41 (Awards and Decorations).

CONSIDERATION OF EVIDENCE:

1.  The FSM's record shows he was inducted into the Army of the United States and he entered active duty on 21 June 1967.  It also shows he was trained in and awarded military occupational specialty (MOS) 91B (Medical Specialist), and that the highest rank/grade he held while on serving on active duty was specialist four (SP4)/E-4.

2.  The FSM's Official Military Personnel File (OMPF) contains a DA Form 20 which shows he served in the Republic of Vietnam (RVN) from 17 December 1967 through 9 December 1968.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to the 37th Medical Company, performing duties in MOS 91A as a medical corpsman.  

3.  Item 40 (Wounds) of the FSM's DA Form 20 is blank and item 41 (Awards and Decorations) of the record copy shows he earned the National Defense Service Medal (NDSM), Vietnam Campaign Medal (VCM) with Device (1960), Vietnam Service Medal (VSM), Combat Medical Badge (CMB), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  Item 41 of the record copy does not include the PH or BSM in the list of authorized awards.

4.  The FSM's record is void of any orders or other documents that indicate he was ever recommended for or awarded the PH or BSM by proper authority while serving on active duty.  It is also void of any medical treatment records or documents indicating he was ever treated for a wound he received as a result of enemy action.

5.  On 20 June 1969, the FSM was honorably released from active duty (REFRAD) and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  During his tenure of service he completed 2 years of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows he earned the NDSM, VSM with 4 bronze service stars, RVNCM with Device (1960), and the CMB.  The PH and BSM are not included in the list of awards contained in Item 24 of the DD Form issued to the FSM on the date of his REFRAD.

6.  During the processing of this case, a member of the Board’s staff reviewed the Department of the Army (DA) Vietnam Casualty Roster.  The FSM's name 
was not included on this list.  Additionally, 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 for the PH or BSM pertaining to the FSM.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that in order to award a PH there must be evidence that a member was wounded or injured as a result of enemy action.  The wound or injury for which the PH is being awarded must have required treatment by medical personnel and this treatment must be supported by medical treatment records that were made a matter of official record.  

8.  Paragraph 3-14 of the awards regulation contains guidance on award of the BSM.  It states, in pertinent part, that it is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished himself or herself by heroic or meritorious achievement or service.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that her late husband received award of the PH and BSM was carefully considered.  However, there is insufficient evidence to support this claim.

2.  By law and regulation, in order to support award of the PH there must be evidence confirming that the wound for which the award is being made was received as a result of enemy action, that it was treated by medical personnel, and a record of this treatment must have been made a matter of official record.  

3.  The FSM's official record is void of any indication that he was ever wounded in action.  Item 40 of the record copy of the FSM's DA Form 20 is blank, which indicates he was never wounded in action, and the PH is not included in the list of awards contained in Item 41.  Further, the FSM's OMPF is void of any orders or other corroborating evidence that indicate he was ever recommended for or awarded the PH by proper authority while serving on active duty, or of medical treatment records that indicate he was ever treated for a combat-related wound or injury.  Finally, the FSM's name is not included on the Vietnam Casualty 
Roster, the official DA list of RVN battle casualties.  As a result, absent any evidence of record confirming the FSM was wounded in action or treated for a combat-related wound while serving in the RVN, the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case.

4.  The FSM's record is also void of any orders or other documents that indicate he was ever recommended for or awarded the BSM by proper authority while serving on active duty.  Also, there are no BSM orders pertaining to the FSM on file in the ADCARS maintained by DA.  Absent any evidence that he was recommended for or awarded the BSM by proper authority, there is an insufficient evidentiary basis to support granting the applicant's requested relief.

5.  The applicant provided a copy of page 4 of the FSM's DA Form 20 showing the FSM was awarded the PH and the BSM.  However, the original DA Form 20 contained in the FSM's OMPF does not show these entries.  Therefore, this document is insufficient to support adding the PH and BSM to the FSM's DD Form 214. 

6.  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 this requirement.

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)                                         AR20090006985



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090006985


3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1