IN THE CASE OF:	

		BOARD DATE:	  28 January 2010

		DOCKET NUMBER:  AR20090015780 


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 DD Form 214 (Report of Separation from Active Duty) of her deceased husband, a former service member (FSM), to show two awards of the Purple Heart.

2.  The applicant states that her husband was awarded two awards of the Purple Heart during his two tours in Vietnam and that the Army or the Government put an article in the local newspaper with respect to the awards.  She adds that the war in Vietnam was a mess and she thinks the FSM misplaced his paperwork.  He flew a gun ship helicopter with the Black Spider unit.

3.  The applicant provides a copy of a letter, dated 2 June 2008, from the National Personnel Records Center (NPRC); a copy of the FSM's DD Form 214, dated 30 September 1977; a copy of the FSM's death certificate, dated
26 October 2007; a copy of an undated newspaper article; and a copy of her marriage license, in support of her request.

CONSIDERATION OF EVIDENCE:

1.  The FSM’s military records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the NPRC in 1973.  It is believed that the FSM’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

2.  The FSM’s DD Form 214 shows that he had 9 years, 2 months, and 7 days of prior active service when he entered active duty on 8 November 1966.  This form also shows that at the time of his retirement, the FSM held military occupational specialty (MOS) 100B0 (Rotary Wing Pilot/UH-1) and he was assigned to Headquarters and Headquarters Company, U.S. Army Yuma Proving Ground, Yuma, AZ.

3.  The FSM’s DD Form 214 shows he completed 3 years, 1 month, and 25 days of foreign service during the period covered by this form.  He was honorably retired in the rank/grade of chief warrant officer three (CW3)/W 3 on
30 September 1977 and he was placed on the retired list on 1 October 1977.  He was credited with 20 years and 1 month of creditable active service.

4.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the FSM’s DD Form 214 shows he was awarded the Army Aviator Badge, National Defense Service Medal, Air Medal (32nd Award), Parachutist Badge, Army Good Conduct Medal, Vietnam Service Medal, four overseas service bars, Republic of Vietnam Campaign Medal with Device (1960), Distinguished Flying Cross, Army Commendation Medal (2nd Oak Leaf Cluster), Vietnam Cross of Gallantry, Civil Actions Honor Medal, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Senior Army Aviator Badge, Bronze Star Medal, and the Armed Forces Reserve Medal.  Item 26 does not show award of any Purple Hearts.

5.  The FSM's name is not shown on the Vietnam casualty roster.

6.  There are no general orders in the FSM's reconstructed records that show he was awarded any Purple Hearts.

7.  The FSM's medical records are not available for review with this case.

8.  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 Purple Heart pertaining to the FSM.

9.  The applicant submitted a copy of an undated newspaper article in which the author of the article states that the FSM was "recently awarded two Distinguished Flying Crosses and two Purple Hearts" while a member of 8th Squadron, 1st Cavalry, 194th Armored Brigade.

10.  The Purple Heart was established by General George Washington at Newburgh, New York, on 7 August 1782 during the Revolutionary War.  It was reestablished by the President of the United States per War Department General Orders Number 3 in 1932.  It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 medical personnel, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the records of her deceased husband, a FSM, should be corrected to show two awards of the Purple Heart.

2.  The Purple Heart differs from all other decorations in that an individual is not "recommended" for the decoration; rather an individual is entitled to it upon meeting specific criteria.  When contemplating an award of this decoration, the key issue that must be taken into consideration is the degree to which the enemy caused the injury.  The fact that a proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but it is not the sole justification for the Purple Heart.

3.  The FSM's service in Vietnam and the applicant's sincerity and pride are not in question.  However, there is no evidence in the FSM's available service personnel records that shows he was wounded or injured as a result of hostile action, that he was treated for such wounds by medical personnel, or that his medical treatment was made a matter of official record.  Additionally, his name is not shown on the Vietnam casualty roster.  An undated and unverified newspaper article is insufficient alone to substantiate an award of the Purple Heart.

4.  In the absence of documentation, such as an order, a medical treatment record, witness statements from former leaders, commanders, or medical personnel that conclusively shows 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 awarding him the Purple Heart.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the FSM in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20090015780



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ABCMR Record of Proceedings (cont)                                         AR20090015780



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