BOARD DATE: 31 March 2011
DOCKET NUMBER: AR20100023828
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 correction of her deceased husband'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, her deceased husband was wounded in Vietnam and he received a Purple Heart but it is not shown on his DD Form 214.
3. The applicant provides a nearly illegible newspaper article, a letter written by the FSM to his grandparents, and the FSM's Certificate of Death.
CONSIDERATION OF EVIDENCE:
1. The FSM's records show he was inducted into the Army of the United States on 2 November 1967 and he held military occupational specialty 11C (Infantry Indirect Fire Crewman). He served in Vietnam from on or about 16 April 1968 to 3 June 1969 while assigned to 2nd Battalion, 502nd Infantry.
2. He was honorably released from active duty on 5 June 1969 as an overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. He completed 1 year, 7 months, and 4 days of total active service.
3. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the FSM's DD Form 214 shows the:
* Bronze Star Medal
* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
4. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank.
5. There is no medical evidence in the FSM's available record that shows he sustained wounds as a result of hostile action or that he was treated for wounds sustained as a result of hostile action.
6. The Vietnam casualty listing, a compilation of all casualties during the Vietnam War, does not list the FSM as a casualty.
7. Review of the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart pertaining to the FSM.
8. The applicant provides a letter written by the FSM wherein he states he was wounded (during military action) but he did not know about it until later and it was not serious enough to leave the field as it was only a scratch. He further states he thought he might have been put in for a Purple Heart.
9. 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 criteria for award of the Purple Heart requires a Soldier to have been injured or wounded by hostile action, the wound must have required treatment by medical personnel, and the medical treatment for wounds or injuries received in action must have been made a matter of official record.
2. The evidence of record does not show, and the applicant did not provide any conclusive evidence to show, that the FSM received wounds as a result of hostile action or that he was treated by medical personnel for those wounds. The FSM's letter and the newspaper article are insufficient to warrant relief in this case. In the absence of corroborating documentary evidence that shows the FSM was wounded as a result of hostile action and treated for those wounds, regrettably, there is insufficient evidence upon which to base award of the Purple Heart.
3. Nevertheless, 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.
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) AR20100023828
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100023828
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090015780
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. 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...
ARMY | BCMR | CY2008 | 20080009332
The applicant states, in effect, that the FSMs records should be corrected to show he was wounded in action and that he should be awarded the Purple Heart. The applicant claims that the FSM records should be corrected to show he was wounded in action and that he was awarded the Purple Heart; however, she has provided no evidence that the FSM was wounded as a result of enemy activity. The Board considered the magazine article presented by the applicant which indicates that the FSM was...
ARMY | BCMR | CY2008 | 20080009075
The applicant requests correction of her husband's records, a deceased former service member (FSM), to show award of the Purple Heart. Item 41 (Awards and Decorations) of the FSM's DA Form 20 does not show award of the Purple Heart. In the absence of evidence that 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 award of the Purple Heart in this case.
ARMY | BCMR | CY2002 | 2002075106C070403
The applicant requests, as the widow of a deceased former service member (FSM), correction of her late husband’s military records to show award of the Bronze Star Medal and the Purple Heart. The FSM’s discharge document with an effective date of 12 January 1972 shows the Vietnam Service Medal as an authorized award. Notwithstanding the newspaper articles which state that the FSM received the Bronze Star Medal for achievement, there is no evidence of record available to the Board which...
ARMY | BCMR | CY2008 | 20080013274
There are no general orders in the available records which show that the applicant was awarded the Purple Heart. The applicant's records show that he was awarded the Vietnam Service Medal. Evidence shows that the FSM participated in two campaigns during his service in the Republic of Vietnam.
ARMY | BCMR | CY2010 | 20100016455
In awarding him the additional awards, HRC officials considered the request for award of the Purple Heart but determined there was insufficient evidence to show the helicopter crash and thus his injury was the result of enemy action. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated the authority to award the Purple Heart was delegated to hospital commanders. The FSM's service record is void of any orders that show he was awarded the Purple Heart, his name is not shown...
ARMY | BCMR | CY2011 | 20110007913
However, due to administrative oversight caused by mass casualties of 12 August 1967 he was not awarded the Purple Heart. He departed Vietnam on 7 March 1968 and was transferred to Fort Leonard Wood, Missouri where he served as a military policeman until he was honorably released from active duty (REFRAD) on 30 August 1968 due to the expiration of his term of service (ETS). DISCUSSION AND CONCLUSIONS: While the sincerity of the applicants claim that the FSM was wounded/injured in Vietnam...
ARMY | BCMR | CY2007 | 20070001954
The applicant requests that her husband's, a deceased former service member (FSM), records be corrected to show that he was awarded the Purple Heart. Neither the three DD Forms 214 encompassing the time period the FSM served in the Republic of Vietnam nor the DD Form 214 issued upon his retirement show award of the Purple Heart. In the absence of evidence that the FSM was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon...
ARMY | BCMR | CY2006 | 20060011051
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 March 2007 DOCKET NUMBER: AR20060011051 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests the records of her deceased husband, the former service member (FSM), be corrected to show award of the Purple Heart and the Prisoner of War Medal. The applicant provides: a. the FSM's WD AGO...
ARMY | BCMR | CY2008 | 20080006234
The FSMs records show that he was inducted into the Army of the United States on 6 June 1968. With respect to the FSM's second award of the Purple Heart, there are no general orders that show he was awarded a second award of the Purple Heart; there is no evidence in his service personnel records which shows that he was wounded or injured a second time as a result of hostile action or treated for such wounds; and the FSM's name is not listed a second time on the Vietnam Casualty Roster. ...