BOARD DATE:	  15 May 2014

		DOCKET NUMBER:  AR20130015518 


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 former service member (FSM), requests correction of his 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 a letter from the National Personnel Records Center (NPRC), dated 10 May 2006, verifies his entitlement to the Purple Heart.  The omission of the Purple Heart on the FSM's DD Form 214 prevents Arlington National Cemetery from including the Purple Heart on his grave marker.

3.  The applicant provides:

* NPRC letter, dated 10 May 2006, page 1
* Coroner's Certificate of Death
* DD Form 214

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The FSM enlisted in the Regular Army on 1 February 1968.

3.  He served in Vietnam from 26 July 1969 to 6 September 1970 and was assigned to:

* Headquarters and Headquarters Company, 69th Signal Battalion during the period 30 July 1969 to 28 February 1970
* Headquarters and Headquarters Detachment, Signal Support Agency during the period 1 March to 4 September 1970

4.  A Standard Form 88 (Report of Medical Examination), dated 6 September 1970, which was completed at the time of the FSM's separation from active duty does not show any injuries.  Further, in item 73 (Notes), the FSM wrote "As far as I know I'm in good health."

5.  On 6 September 1970, the FSM was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).

6.  The applicant provides a copy of the FSM's death certificate, DD Form 214, and page 1 of a letter from NPRC which shows the Purple Heart among other award entitlements.

7.  There is no evidence of record that shows he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart.  There is also nothing in the typical sources below that show he was wounded and/or injured as a result of hostile action:

	a.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) does not show he was ever assigned in a patient status.

	b.  Item 40 (Wounds) of his DA Form 20 does not show a combat wound or injury.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9, stated a brief description of wounds or injuries requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 of the DA Form 20.  This regulation further stated the date the wound or injury occurred would also be placed in item 40.

	c.  A review of the Awards and Decorations Computer Assisted Retrieval System maintained by 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 him.

	d.  His name is not shown on the Vietnam casualty listing.  This is a microfiche listing of Vietnam Era casualties that is used to verify entitlement to the Purple Heart.

8.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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, and the medical treatment must have been made a matter of official record.  

DISCUSSION AND CONCLUSIONS:

1.  The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify the injury/wound was sustained in action against an enemy or as a result of hostile action, that the injury/wound required treatment by medical personnel, and that the medical treatment was made a matter of official record.

2.  Although she provides a copy of a letter from NPRC which shows award of the Purple Heart, there is no indication of where NPRC got this information.  The FSM's records are void of orders awarding the Purple Heart or any other evidence showing he sustained an injury as a result of hostile action.

3.  Notwithstanding her sincerity, in the absence of documentation that conclusively shows the FSM was wounded or injured as a result of hostile action, treated for those wounds/injuries, and his treatment was made a matter of record, there is insufficient evidence upon which to base award of the Purple Heart.

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)                                         AR20130015518



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ABCMR Record of Proceedings (cont)                                         AR20130015518



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