IN THE CASE OF:	   

		BOARD DATE:	  1 May 2014

		DOCKET NUMBER:  AR20130013879 


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 father, a former service member (FSM), be corrected to show award of the Purple Heart.

2.  The applicant states the FSM was awarded the Purple Heart in 2006.

3.  The applicant provides:

* Certificate of Death
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Department of Veterans Affairs (VA) Rating Decision
 
CONSIDERATION OF EVIDENCE:

1.  The FSM enlisted in the Regular Army on 7 April 1970.  He completed training, was awarded military occupational specialty 76X (Subsistence Storage Specialist), and was promoted to the rank of specialist four.

2.  His DA Form 20 (Enlisted Qualification Record) shows he was credited with service in Vietnam.  It shows no identified battle wounds.

3.  A review of the Vietnam casualty roster did not reveal the FSM's name.

4.  He was honorably released from active duty on 6 January 1972.  His DD Form 214 does not show award of the Purple Heart.
5.  His record is void of documents that indicate the FSM was ever wounded in action or documentation showing he was awarded the Purple Heart.

6.  The applicant provides a VA Rating Decision, dated 2 May 2006, showing the FSM's service-connected disability rating was increased to 100% percent for right renal insufficiency.

7.  Army Regulation 600-8-22 (Military Awards) states 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.  The applicant does not provide any details of an incident in which the FSM was wounded in action against an enemy or as a result of hostile action.
The VA Rating Decision she provides in support of her request provides no evidence of such an incident.

2.  In the absence of orders awarding him the Purple Heart or documentary evidence showing he was wounded or injured as a result of hostile action, treated for such wounds, or that the medical treatment was made a matter of official record, there is no basis for adding the Purple Heart to the FSM's DD Form 214.

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)                                         AR20130013879



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ABCMR Record of Proceedings (cont)                                         AR20130013879



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