IN THE CASE OF:
BOARD DATE: 1 June 2010
DOCKET NUMBER: AR20090020422
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 widow of a deceased former service member (FSM), requests the FSM be awarded the Purple Heart (PH).
2. The applicant states the FSM was hospitalized in the Republic of Vietnam (RVN) in March 1968 which should support award of the Purple Heart. She further states he was in the hospital in the RVN due to a grenade exploding and bursting his ear drum.
3. The applicant states she was submitting a Department of Veterans Affairs (VA) application and decision; however, these documents were not received with her application.
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 24 July 1967. He was trained in and awarded military occupational specialty (MOS) 64A (Light Vehicle Driver).
2. The FSM's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 21 December 1967 through 20 December 1968. Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Headquarters and Headquarters Company and Band, Division Support Command, 9th Infantry Division.
3. Item 40 (Wounds) of the FSM's DA Form 20 is blank and item 41 (Awards and Decorations) does not include the PH in the list of authorized awards.
4. The FSM's Official Military Personnel File (OMPF) is void of any order or other documents that indicate he was ever recommended for or awarded the PH while serving on active duty. It is also void of any medical treatment records that indicate he was ever treated for a combat-related wound while serving in the RVN.
5. On 23 July 1969, the FSM was honorably released from active duty, in the rank/grade of specialist four (SP4)/E-4, after completing 2 years of creditable active military service. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued at the time shows he earned the following awards during his active duty service:
* National Defense Service Medal
* Vietnam Service Medal with 2 bronze service stars
* RVN Campaign Medal with Device (1960)
* Combat Infantryman Badge
* 2 Overseas Bar
6. During the processing of this case, a member of the Board staff reviewed the Department of the Army (DA) Vietnam Casualty Roster. There was no entry pertaining to the FSM.
7. 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 U.S. Army Human Resources Command, failed to reveal any orders for the PH pertaining to the FSM.
8. Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy. Paragraph 2-8 contains guidance on award of the PH. It states, in pertinent part, that in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action; that it required treatment by medical personnel; and a record of the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the FSM was wounded in action in the RVN and should have been awarded the PH was carefully considered. However, by
regulation, in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action; that it required treatment by medical personnel; and a record of the medical treatment must have been made a matter of official record.
2. The evidence of record is void of any documents or orders that indicate the FSM was ever wounded in action or that he was ever awarded the PH by proper authority while serving on active duty. Item 40 of his DA Form 20 is blank, which indicates he was never wounded in action, and the PH is not included in item 41.
3. Further, his name is not included on the Vietnam Casualty Roster, the official DA list of RVN battle casualties, and a review of ADCARS found no PH orders published for the FSM.
4. Absent any evidence of record to corroborate the applicant's claim that the FSM was wounded in action while serving in the RVN, the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case.
5. 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 any evidence or argument that would satisfy this requirement.
6. The applicant and all others concerned should know that this action related to award of the PH 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 the FSM's service in arms.
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) AR20090020422
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