IN THE CASE OF:
BOARD DATE: 18 February 2014
DOCKET NUMBER: AR20130011233
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 next of kin of a deceased former service member (FSM), requests correction of the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the FSM was awarded or authorized the Silver Star and Purple Heart.
2. The applicant states the FSM received these medals while serving as a sniper in the Republic of Vietnam; however, they were never recorded on his DD Form 214 and this is an unjust and undeserving error.
3. The applicant provides:
* FSM's DD Form 214
* FSM's State of California Certificate of Death
* letter from the applicant to the National Personnel Records Center (NPRC), St. Louis, MO, dated 28 April 2013
* letter from NPRC addressed to the FSM, dated 26 March 2009
* photographs of an award shadowbox and a person (presumably the applicant) giving a eulogy at a funeral (presumably the FSM's funeral)
CONSIDERATION OF EVIDENCE:
1. The FSM was inducted into the Army of the United States on 21 July 1966. He completed his initial entry training and was awarded military occupational specialty 81A (Construction Draftsman). The highest rank/grade he attained during his military service was specialist four/E-4.
2. On 19 July 1968, the FSM was honorably released from active duty. The FSM's DD Form 214 shows he completed 1 year, 11 months, and 29 days of total active service; however, it does not show he completed any foreign service.
The FSM's DD Form 214 does not indicate he served in the Republic of Vietnam and it does not indicate he was awarded the Silver Star or Purple Heart.
3. The FSM's available personnel records contain no documentation that shows he served in the Republic of Vietnam. Similarly, it contains no documentation that shows he was awarded the Silver Star or Purple Heart. The FSM's medical records are not available for review.
4. A review of Vietnam casualty roster does not show the FSM's name as a casualty.
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 U.S. Army Human Resources Command (HRC) Military Awards Branch, failed to reveal any orders for the Silver Star or the Purple Heart pertaining to the FSM.
6. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify 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.
7. Army Regulation 600-8-22 states the Silver Star is awarded for gallantry in action against the enemy. The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the FSM's DD Form 214 should be corrected to show the FSM was awarded the Silver Star and Purple Heart during his service in the Republic of Vietnam.
2. The FSM's available records, the Vietnam casualty roster, and ADCARS do not provide any evidence that shows he served in the Republic of Vietnam, that he was recommended or awarded the Silver Star during his military service, that he was wounded at any time during his military service, or that he was awarded the Purple Heart.
3. Regrettably, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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 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) AR20100015543
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130011233
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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