IN THE CASE OF:	  

		BOARD DATE:	    6 March 2014

		DOCKET NUMBER:  AR20130012413 


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 the records of her deceased husband, a former service member (FSM), be corrected by awarding him two awards of the Purple Heart.

2.  The applicant states her husband indicated before his death that he had been wounded twice and he was never awarded his Purple Hearts.  She also states he was unable to apply before his death. 

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

CONSIDERATION OF EVIDENCE:

1.  The FSM was inducted into the Army of the United States on 15 January 1968.  He completed basic training at Fort Leonard Wood, Missouri and advanced individual training as a light weapons infantryman at Fort Polk, Louisiana before being transferred to Vietnam on 11 June 1968 for assignment to the 2nd Battalion, 8th Cavalry Regiment, 1st Cavalry Division. 

2.  He served in Vietnam until 10 June 1969 when he was transferred to Fort Benning, Georgia where he remained until he was honorably released from active duty (REFRAD) due to the expiration of his term of service on 14 January 1970.  He had completed 2 years of active service and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Combat Infantryman Badge, Army Commendation Medal, Bronze Star Medal with “V” Device, Air Medal, Vietnam Service Medal with two bronze service stars, and the Vietnam Campaign Medal with “1960” Device.

3.  A review of the FSM’s records failed to show any evidence that the FSM was wounded or injured in Vietnam.  Additionally, his name is not contained on the Vietnam Casualty Listing.

4.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, unit decorations, and similar devices awarded in recognition of accomplishments.  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 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.  While the sincerity of the applicant's claim that the FSM was wounded in Vietnam is not in doubt, she has failed to show through the evidence of record or evidence submitted with her application that such was the case.

2.  In the absence of evidence to show the FSM was wounded as a result of enemy action and treatment for such wounds were made a matter of record, there appears to be no basis to grant her request to award the FSM the Purple Heart or to add that award to his DD Form 214.

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 this action in no way diminishes the sacrifices made by the FSM in service to the United States during the Vietnam War.  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)                                         AR20130012413



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ABCMR Record of Proceedings (cont)                                         AR20130012413



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