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