IN THE CASE OF:	  

		BOARD DATE:	  30 April 2015

		DOCKET NUMBER:  AR20140014927 


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 the former service member (FSM), requests correction of his records to show award of the Purple Heart and the Air Medal.

2.  The applicant states the FSM expressed to her that he was very disappointed that his military records did not show the two awards and he expressed his desire for her to pursue the matter.  (The FSM passed away on 15 June 2013.)

   a.  She states the FSM served in the Republic of Vietnam (RVN).  In July or August 1965, he was serving as a gunner in a helicopter that was shot down while attempting to airlift Soldiers.  She does not know much about the incident, but she knows the FSM was hospitalized after the incident.  He signed a form so that his family would not be informed of the incident and he did not talk about it. Whatever happened affected him with many sleepless nights for more than
47 years.

   b.  When the FSM was being processed for separation at Oakland, CA, he was told that he could wait around for 3 days to get his paperwork or he could leave.  He decided to leave because of the protestors and other things going on at the time.

3.  The applicant provides copies of the FSM's birth certificate, her birth certificate, their marriage certificate, a power of attorney for her to act as the FSM's agent in health claims and other matters, and the FSM's death certificate. She also provides copies of the FSM's military service records, including his 
DA Form 24 (Service Record), DA Form 20 (Enlisted Qualification Record), 
DA Form 61 (Application for Appointment), DA Form 1049 (Personnel Action), DD Form 398 (Statement of Personal History), DA Form 873 (Certificate of Clearance and/or Security Determination Under Executive Order 10450), his separation orders, DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), and two pages of photographs.

CONSIDERATION OF EVIDENCE:

1.  The FSM enlisted in the Regular Army on 16 November 1962.  He was awarded military occupational specialty (MOS) 711 (Clerk Typist), which was later designated as 71B (Clerk Typist).

2.  The FSM's DA Form 24 shows, in pertinent part, in –

* section 1 (Appointments, Promotions, or Reductions), he was promoted to specialist four (SP4)/pay grade E-4 on 4 September 1964
* section 2 (Chronological Record of Military Service) – Duty MOS (DMOS) 711.27 – Company A, 82nd Aviation Battalion, effective 1 May 1965
* section 9 (Medals, Decorations, and Citations) does not list the Purple Heart or the Air Medal

3.  The FSM's DA Form 20 shows in –

* item 31 (Foreign Service), he served in Vietnam from 12 April 1965 through 13 November 1965
* item 38 (Record of Assignments):  DMOS 71B2P, Clerk Typist – 
Company A, 82nd Aviation Battalion, from 1 May 1965 through
12 November 1965
* item 40 (Wounds) is blank (no entries)
* item 41 (Awards and Decorations) does not list the Purple Heart or the 
Air Medal

4.  The FSM's DD Form 214 shows he was honorably released from active duty (REFRAD) on 18 November 1965 in the grade of SP4 (E-4).  He had completed 3 years and 3 days of net active duty service this period that included 7 months and 2 days of foreign service.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not list the Purple Heart or the Air Medal.

5.  A review of the FSM's military personnel records failed to reveal any orders or other evidence that shows he was awarded the Purple Heart or the Air Medal.

6.  A review of The Adjutant General's Office, Casualty Division's Vietnam Casualty Roster failed to reveal the FSM's name.

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam-era between
1965 and 1973 maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart or the Air Medal pertaining to the FSM.

8.  In support of the application the applicant provides the following documents.

   a.  DA Form 61, dated 18 January 1963, with enclosures (DA Form 1049, 
DD Form 398, and endorsement), that show the FSM applied for Officer Candidate School and his commander recommended approval.

   b.  DA Form 873, dated 7 June 1965, with enclosures, that show the FSM was granted a top secret security clearance on 7 June 1965.
   
   c.  Separation orders that show the FSM was –

* honorably REFRAD and transferred to the USAR Control Group (Reinforcement) effective 18 November 1965
* released from the USAR Control Group (Reinforcement) and transferred to the USAR Control Group (Standby) effective
16 November 1967
* honorably discharged from the USAR Control Group (Standby) effective 31 October 1968
   d.  Two pages of photographs with handwritten captions that show the –

* FSM while serving in Vietnam
* Air Medal and Purple Heart medal sets

9.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

   a.  The Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  A wound is defined as an injury to any part of the body from an outside force, element, or agent sustained in action in the face of the armed enemy or as a result of a hostile act of such enemy.  In order to support awarding a member the Purple Heart, substantiating evidence must be provided to verify that 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.
   b.  The Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly (e.g., personnel in the attack elements of units involved in air-land assaults against an armed enemy).  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 military service records should be corrected to show award of the Purple Heart and the Air Medal because Army officials failed to properly update his records during his separation processing.

2.  The applicant does not provide any contemporaneous medical records that show the FSM was treated for injuries or wounds that were the result of hostile action in the RVN.

   a.  The FSM's military service records do not show any evidence that he was wounded or injured in action as a result of a hostile act of the enemy.

   b.  The FSM's name is not listed on the Vietnam casualty roster.

   c.  There are no orders or any other evidence that shows he was awarded the Purple Heart.

   d.  Thus, there is an insufficient evidentiary basis to support a claim to the Purple Heart.

3.  There is no evidence of record that shows the FSM was recommended for or awarded the Air Medal.

	a.   The evidence of record shows that award of a personal decoration requires a formal recommendation, approval through the chain of command, and announcement in orders.  

	b.  Therefore, there is an insufficient evidentiary basis for correcting the FSM's records to show the award.

4.   The evidence of record shows the FSM completed 3 years and 3 days of total active service, which indicates he was retained on active duty at the convenience of the government for a period of 3 days beyond his active duty service obligation.   
5.  Therefore, in view of all of the foregoing, there is an insufficient evidentiary basis to grant the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ____x___  ____x___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the former service member in 
service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.




      ___________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)                                         AR20140014927



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ABCMR Record of Proceedings (cont)                                         AR20140014927



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