IN THE CASE OF:
BOARD DATE: 1 December 2011
DOCKET NUMBER: AR20110012759
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 late husband, hereafter referred to as the former service member (FSM), be awarded the Purple Heart.
2. The applicant states she has the Purple Heart Medal but not a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) which shows the award. In addition, the applicant wants the Purple Heart to provide the New Jersey Vietnam Veterans Memorial Foundation in honor of the FSMs combat wounds for heroic action during his tour of duty in Vietnam.
3. The applicant provides:
* The FSMs DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* The FSMs Certificate of Death
* A New Jersey Vietnam Veterans Memorial Foundation document
* A Department of Veterans Affairs (VA) Rating Decision
CONSIDERATION OF EVIDENCE:
1. The FSMs DD Form 214 shows he enlisted in the Regular Army on 27 October 1967. He completed training and was awarded military occupational specialty 12B (Combat Engineer). The highest rank/grade he attained while serving on active duty was specialist four/E-4.
2. Item 31 (Foreign Service) of the FSMs DA Form 20 (Enlisted Qualification Record) and item 30 (Remarks) of his DD Form 214 show he served in the Republic of Vietnam during the period 15 May 1968 to 14 May 1969.
3. Additionally, the FSMs DA Form 20 provides the following:
a. Item 38 (Record of Assignments) shows he was assigned to Company B,
1st Engineer Battalion, 1st Infantry Division while serving in the Republic of Vietnam.
b. Item 38 does not show he was assigned in a patient status at a medical treatment facility at any time during his period of service.
c. Item 40 (Wounds) contains a statement that the FSM received fragmentation wounds-left foot (non-hostile) on 22 September 1968.
d. Item 41 (Awards and Decorations) does not show award of the Purple Heart.
4. There is no evidence in the available record showing the FSM was awarded the Purple Heart and his name does not appear on the Vietnam Casualty Roster.
5. A 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 Purple Heart pertaining to the FSM.
6. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained as a direct 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 military personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for award of the Purple Heart for the FSM was carefully considered.
2. Although the FSM's DA Form 20 indicates a fragment wound to his left foot, this form also clearly indicates the wound was incurred as a result of non-hostile action.
3. It is acknowledged that the applicant stated she has possession of a Purple Heart. However, there is no evidence in the available record and the applicant does not provide sufficient evidence which shows the FSM sustained an injury as a result of hostile action or that he received treatment for injuries sustained as a result of hostile action.
4. The FSMs name does not appear on the Vietnam Casualty Roster or on the ADCARS database.
5. There are no orders or evidence which supports award of the Purple Heart in this case. Therefore, based on the foregoing, there is insufficient evidence to award him the Purple Heart.
6. This action in no way diminishes the sacrifices made by the FSM in service to our Nation. The FSMs family 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) AR20110012759
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ABCMR Record of Proceedings (cont) AR20110012759
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