IN THE CASE OF:
BOARD DATE: 17 March 2015
DOCKET NUMBER: AR20140013596
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 spouse, a former service member (FSM), be awarded the Purple Heart (PH).
2. The applicant states, in effect, that she had a conversation with her husband before he died and he told her that he received the PH. She is attempting to have a Department of Veterans Affairs (VA) marker placed for her deceased spouse, but was unaware that the award is not on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
3. The applicant provides:
* a copy of her spouse's death certificate
* a copy of their marriage 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 ABCMR to excuse an applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The FSM had prior honorable service in the United States Marine Corps (USMC) ending on 2 January 1960.
3. On 5 February 1962, the FSM enlisted in the Regular Army (RA). After completing initial entry training, he was awarded military occupational specialty (MOS) 111 (Light Weapons Infantry).
4. On 10 September 1962, he was honorably discharged to immediately re-enlist in the RA on 11 September 1962. He changed his MOS to 05B (Radio Operator).
5. The FSM's DA Form 20 (Enlisted Qualification Record) shows in item 29 (Foreign Service), from 17 April 1962 through 26 June 1964, the FSM was stationed in Germany.
6. The FSM's DA Form 24 (Service Record) shows in:
* section 7 (Combat Record) no entry
* section 8 (Wounds Received through Enemy Action) - no entry
* section 9 (Medals, Decorations, and Citations) - no entry for the PH
7. On 10 September 1965, the FSM was honorably discharged at his expiration term of service.
8. There are no general orders that show the FSM was awarded the PH. Evidence of record does not show the FSM was wounded as a result of hostile action or treated for such wounds.
9. His service medical records are not available for review.
10. Army Regulation 600-8-22 (Military Awards) states the PH 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 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:
1. The available evidence does not support correction of the FSM's DD Form 214 to show he was wounded and received the PH.
2. There is no official documentation showing the FSM was wounded as a result of hostile action. The statement provided by the applicant was carefully considered, but absent independent corroborating evidence, there is insufficient basis for award of the PH. In view of the foregoing, there is no basis for granting the relief the applicant is requesting.
3. It is possible that the FSM was awarded the PH during his USMC service. If the applicant has documentation from the FSM's USMC record showing he was awarded the PH, she is encouraged to submit that documentation to the VA.
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) AR20120019420
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140013596
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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