IN THE CASE OF:
BOARD DATE: 11 October 2011
DOCKET NUMBER: AR20110007913
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 that her deceased husband, a former service member (FSM), be awarded the Purple Heart.
2. The applicant states, in effect, that the FSM should have been awarded the Purple Heart for shrapnel wounds to the back received on 12 August 1967. However, due to administrative oversight caused by mass casualties of
12 August 1967 he was not awarded the Purple Heart.
3. The applicant provides letters of support from the FSMs former team leader and commander, a copy of the FSMs death certificate, and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
CONSIDERATION OF EVIDENCE:
1. The FSM was inducted into the Army in Chicago, Illinois on 1 September 1966. He completed his basic training at Fort Lewis, Washington and his advanced individual training as a light weapons infantryman at Fort Polk, Louisiana before being transferred to Vietnam on 8 March 1967.
2. He was assigned to Company C, 3d Battalion, 60th Infantry Regiment, 9th Infantry Division.
3. A review of the available medical records contained in his official records show that on 26 August 1967, he was treated from combat fatigue related to an
episode on 13 August 1967 in which five of the FSMs buddies were killed. The FSM was repeating the names of all of his buddies wounded in action. He was prescribed Thorazine and placed under observation.
4. On 19 September 1967 he was treated for trouble with his left ear and was told to return in 1 week.
5. On 20 September 1967 he was reassigned to the 9th Administration Company for duty as a carpenter, where he remained for the duration of his tour.
6. 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). He had served 2 years of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Combat Infantryman Badge, the Army Commendation Medal, the Republic of Vietnam Campaign Medal, and the Air Medal.
7. A review of his separation physical/medical examination conducted on 22 July 1968 reveals no entries regarding any wounds or treatment for shrapnel wounds in Vietnam. Additionally, his DA Form 20 (Enlisted Qualification Record) contains no entries in block 40 under Wounds.
8. Overall, a review of his official records failed to show any evidence to show that the FSM was wounded or injured as a result of enemy action or that treatment for such injuries were made a matter of record. Additionally, the FSMs name is not contained on the Vietnam Casualty Listing.
9. A review of the Awards and Decorations Computer-Assisted Retrieval System, 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 award of the Purple Heart.
10. Army Regulation 600-8-22 (Military Awards) states 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:
While the sincerity of the applicants claim that the FSM was wounded/injured in Vietnam is not in doubt, the evidence submitted with her application and the evidence of record fails to show that he was injured as a result of enemy action and that treatment for his injuries was made a matter of record. Therefore, absent such evidence, there appears to be no basis to award him the Purple Heart at this time.
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 her late husband in service to the United States during the Vietnam War. 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.
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ABCMR Record of Proceedings (cont) AR20110007913
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