Search Decisions

Decision Text

ARMY | BCMR | CY2014 | 20140003158
Original file (20140003158.txt) Auto-classification: Denied

		IN THE CASE OF:    

		BOARD DATE:  7 October 2014  	  

		DOCKET NUMBER:  AR20140003158 


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, a former service member (FSM), be awarded the Purple Heart.

2.  The applicant states, in effect, that the FSM was wounded in action and awarded the Purple Heart but it is not recorded on his separation document.  The family would like to correct the record so it can be added to the FSM's tombstone.

3.  The applicant provides a copy of the FSM's death certificate.

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's service medical and dental records are believed to be on permanent loan to the Department of Veterans Affairs and are not available for review.

3.  The FSM enlisted in the Regular Army on 4 October 1956 and retired on       31 August 1980.  His foreign service includes two tours in Korea (10 October 1963 - 31 October 1964 and 19 November 1973 - 18 November 1974) and a tour in Vietnam (31 January 1969 - 28 January 1970).

4.  The FSM's final DD Form 214 list his awards as the Army Commendation Medal with first Oak Leaf Cluster, Good Conduct Medal (6th award), National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Armed Forces Expeditionary Medal (Korea), and Republic of Vietnam Gallantry Cross with Palm Unit Citation 

5.  The available records do not include evidence that the FSM was treated for a wounded sustained in action or was awarded the Purple Heart.

6.  A review of the Vietnam Casualty List failed to locate any reference to the FSM.

7.  Army Regulation 600-8-22 (Military Awards) 2-8 provides that the Purple Heart is awarded to an individual who is wounded in action against an enemy of the United States, the armed force of a foreign country which is or has been engaged, while serving with a friendly foreign forces against an opposing force even though the U.S. is not engaged, as the result of any act of such enemy or opposing force or as a result an act of any hostile foreign force.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

The record contains no documentation to support the applicant's contention that the FSM received a wound or injury that was the result of hostile action.  Unfortunately, without a record of treatment for a wound sustained as the result of enemy action entitlement to the Purple Heart cannot be established.


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)                                         AR20140003158



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140003158



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2013 | 20130017608

    Original file (20130017608.txt) Auto-classification: Approved

    The applicant requests correction of the DD Form 214 (Report of Separation from the Armed Forces of the United States) of his deceased father, a former service member (FSM), to show: * the FSM's prisoner of war (POW) status * award of the Purple Heart, POW Medal, and Combat Infantryman Badge (CIB) 2. 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. As a result, the Board...

  • ARMY | BCMR | CY2010 | 20100000539

    Original file (20100000539.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of the last DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) of his deceased father, a former service member (FSM), to show the Purple Heart, Bronze Star Medal, Prisoner of War Medal, and any Vietnam and Korea awards not already listed. This regulation: a. states that for item 24 of the DD Form 214 enter from section 9, DA Form 20,...

  • ARMY | BCMR | CY2013 | 20130008167

    Original file (20130008167.txt) Auto-classification: Denied

    However, the transcript of the Physical Evaluation Board (PEB) held on 13 March 1952 shows the record was corrected to show "Line of Duty - Yes" based on a report dated 12 March 1951. They have filed an appeal with the Executive Director, Arlington National Cemetery, based on errors in the FSM's record, but they would like to have the FSM's records corrected to show he was entitled to the Purple Heart. His record is void of documentation showing he was awarded the Purple Heart.

  • ARMY | BCMR | CY2014 | 20140012503

    Original file (20140012503.txt) Auto-classification: Approved

    Therefore, he is entitled to award of the POW Medal and correction of his DD Form 214 to show this award. He served during a qualifying period of service in Korea for entitlement to the Republic of Korea War Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the FSM: (1) the Purple Heart for a wound sustained in action in North Korea on 7 June 1952; (2) the Army Good Conduct Medal (1st Award) for...

  • ARMY | BCMR | CY2014 | 20140008272

    Original file (20140008272.txt) Auto-classification: Approved

    The FSM's military records are not available for review. Therefore, he is authorized award of the Prisoner of War Medal and his DD Form 214 should be corrected to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. posthumously awarding the FSM the Purple Heart for wounds received in action in South Korea between 3 November 1951 and 18 August 1953, b. posthumously awarding the FSM the Army Good Conduct...

  • ARMY | BCMR | CY2014 | 20140002832

    Original file (20140002832 .txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). His DA Form 20 (Enlisted Qualification Record) shows – a. in item 31 (Foreign Service) service in: * Korea from 11 December 1959 through 28 January 1961 * Germany from 16 July 1963 through 11 June 1966 * Vietnam from 1 December 1966 through 19 October 1967 b. in item 41 (Awards and Decorations) award of the: * National Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar *...

  • ARMY | BCMR | CY2014 | 20140002832

    Original file (20140002832.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). His DA Form 20 (Enlisted Qualification Record) shows – a. in item 31 (Foreign Service) service in: * Korea from 11 December 1959 through 28 January 1961 * Germany from 16 July 1963 through 11 June 1966 * Vietnam from 1 December 1966 through 19 October 1967 b. in item 41 (Awards and Decorations) award of the: * National Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar *...

  • ARMY | BCMR | CY2011 | 20110003258

    Original file (20110003258.txt) Auto-classification: Approved

    The applicant, a niece and court-appointed administrator of the estate 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) for the period ending 31 July 1964 to show award of the: * Purple Heart * Prisoner of War (POW) Medal * any and all medals to which he may be entitled 2. The evidence of record also shows the FSM was held as a POW in Korea from 23 April 1951 through 31 August 1953. ...

  • ARMY | BCMR | CY2014 | 20140017278

    Original file (20140017278.txt) Auto-classification: Denied

    There is no available evidence that indicates the FSM's death resulted from hostile actions perpetrated by an enemy of the United States. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded to any member who, while serving under competent authority in any capacity with one of the armed services, has been wounded or killed or who has died or may hereafter die after being wounded: a. in any action against an enemy of the United States; b. in any action with an...

  • ARMY | BCMR | CY2015 | 20150001149

    Original file (20150001149.txt) Auto-classification: Denied

    The applicant, the mother of the deceased former service member (FSM), requests correction of his records to show award of the Purple Heart and the Combat Action Badge. A review of the FSM's military personnel records failed to reveal orders or other evidence that he was awarded the Purple Heart or Combat Action Badge. Thus, there is insufficient evidence to support award of the Combat Action Badge.