IN THE CASE OF: BOARD DATE: 10 November 2015 DOCKET NUMBER: AR20150004810 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 a former service member (FSM), requests that the Purple Heart he earned be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 31 March 1980. 2. The applicant states her husband was stationed in the Republic of Vietnam in 1969 with the Telephone Operations Signal Support Company. While in route from Military Assistance Command Vietnam (MACV) to the Telephone Operations Company he was attacked and shot five times. 3. The applicant provides: * DA Form 2 (Personnel Qualification Record - Part I) * DA Form 2-1 (Personnel Qualification Record - Part II) * DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 31 March 1980 * a letter, dated 9 June 1981, from the Veterans Administration (now known as the Department of Veterans Affairs (VA)) Regional Office (VARO), Winston-Salem, NC * DD Form 2860 (Application for Combat Related Special Compensation (CRSC)), dated 13 August 2003 * a letter, dated 7 July 2004, from U.S. Army Physical Disability Agency (USAPDA), CRSC * FSM's death certificate CONSIDERATION OF EVIDENCE: 1. The FSM's DA Form 2339 (Application for Voluntary Retirement) shows the following periods of service: * 23 December 1957 - 1 February 1959 - Army National Guard * 2 - 24 February 1959 - U.S. Army Reserve (USAR) * 25 February 1959 - 12 April 1962 - Regular Army * 13 - 23 April 1969 - USAR * 24 April 1962 - 31 March 1980 (date of his retirement) - Regular Army 2. The FSM's DA Form 20 (Enlisted Qualification Record) for the period 24 April 1962 - 4 June 1975 provides the following information: a. Item 38 (Record of Assignments) shows he was assigned to the following units in the Republic of Vietnam: * 124th Signal Battalion, 4th Infantry Division - 26 October 1969 - 14 September 1970 * Telephone Operations Company, Signal Support Agency, Saigon - 16 September 1970 - 3 December 1970 b. Item 38 shows he was assigned as a patient to Medical Holding Company, U.S. Army Hospital, Camp Zama Hospital, Japan - 4 December 1970 - 17 January 1971. He was then assigned as a patient to the Medical Holding Company, Brooke General Hospital, Fort Sam Houston, TX - 18 January - 1 April 1971. c. Item 40 (Wounds) does not contain any entries indicating that the FSM received any wounds or injuries as a result of hostile or enemy action. d. Item 41 (Awards and Decorations) does not show he was awarded the Purple Heart. 3. On 23 June 1975, the FSM was discharged to immediately reenlist. He was issued a DD Form 214 for the period 24 April 1965 - 23 June 1975. The DD Form 214 does not show he was awarded a Purple Heart. 4. On 29 March 1978, the FSM was discharged to immediately reenlist. He was issued a DD Form 214 for the period 24 June 1975 - 29 March 1978. The DD Form 214 does not show he was awarded a Purple Heart. 5. On 30 March 1978, the FSM immediately reenlisted and served until his retirement on 31 March 1980. He was issued a DD Form 214 for the period 30 March 1978 - 31 March 1980. The DD Form 214 does not show he was awarded the Purple Heart. 6. There are no orders in the FSM's official military personnel file (OMPF) awarding him the Purple Heart. 7. His name does not appear on the Vietnam casualty roster. 8. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders awarding him the Purple Heart. 9. A letter, dated 9 June 1981, from VARO Winston-Salem established service connection for the following conditions at the level indicated: Gunshot wound, right thigh and buttock 40% Gunshot wound, left buttock 20% Back condition 20% Hearing loss 0% Gunshot wound left neck and left upper back 10% Gunshot wound abdomen 10% Post-operative abdominal wounds, history of colostomy 0% Combined percentage 70% 10. On 13 August 2003, the FSM submitted a DD Form 2860 for CRSC. He claimed gunshot wounds (GSW) to his right thigh and buttock, left buttock, left neck/left upper back, and abdomen. He also claimed back and hearing loss. He claimed the wounds and injuries were incurred in 1969 in the Republic of Vietnam as a result of armed conflict enroute from MACV to the Telephone Operations Company. 11. On 7 July 2004, USAPDA, CRSC Division granted the FSM CRSC based on the following determinations: VA Code VA description VA percentage CRSC eligibility Effective date 5317 Buttocks injury 40% Yes - PH 20030601 5317 Buttocks injury 20% Yes - PH 20030601 5293 Spinal disc condition 20% Yes - PH 20030601 5323 Neck injury 10% Yes - PH 20030601 5319 Abdominal muscle damage 10% Yes - PH 20030601 It was noted that total Purple Heart related disability was 70%. 12. The FSM passed away on 22 December 2014. 13. Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9 of the version in effect at the time, stated, in pertinent part, that a brief description of wounds or injuries (including injury from gas) requiring medical treatment that were received through hostile or enemy action, including those requiring hospitalization, would be entered in item 40 of the DA Form 20. This regulation further stated the date the wound or injury occurred would also be placed in item 40. 14. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. It stated that all decorations, service medals, campaign credits, and badges awarded or authorized will be entered on the DD Form 214. 15. Army Regulation 672-5-1 (Military Awards), then in effect, prescribed Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Purple Heart was awarded to any member of an Armed Force or any civilian national of the United States who while serving under competent authority in any capacity with one of the U.S. Armed Services had been wounded, killed, or who had died as a result of a wound sustained as a result of hostile action. 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. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment. All personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual was assigned. DISCUSSION AND CONCLUSIONS: 1. A letter, dated 9 June 1981, from VARO Winston-Salem established service connection for the FSM's GSWs to his right thigh and buttock, left buttock, left neck/left upper back, and abdomen. However, the decision does not show the etiology of his injuries. There is no substantive evidence that shows he received the GSWs as a result of hostile action. 2. A letter, dated 7 July 2004, from USAPDA, CRSC determined the FSM was eligible for CRSC for buttocks injury, a second buttocks injury, spinal disc condition, neck injury, and abdominal muscle damage. The letter shows his total Purple Heart related disabilities had a combined disability of 70%. However, the letter does not state he received the injuries as a result of hostile action. Any documents used to determine his injuries were Purple Heart related were not available for review. 3. Item 40 of his DA Form 20 does not contain any entries indicating he was wounded as a result of hostile or enemy action. There are no orders in his OMPF or on ADCARS that show he was awarded the Purple Heart. His name does not appear on the Vietnam casualty roster. 4. During his period of service any awards that were awarded during a period of service were carried forward to any subsequent DD Forms 214 that were issued. None of the DD Forms 214 issued to the FSM since his tour of duty in the Republic of Vietnam showed he was awarded the Purple Heart. 5. In the absence of substantive evidence showing the FSM was wounded as a result of hostile action, there is an insufficient evidentiary basis for awarding the Purple Heart. 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) AR20150004810 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004810 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1