PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 29 October 2002
         DOCKET NUMBER: AR2002075106


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Ms. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Ms. Karol A. Kennedy		Chairperson
Mr. Thomas A. Pagan		Member
Ms. Barbara J. Lutz		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant requests, as the widow of a deceased former service member (FSM), correction of her late husband’s military records to show award of the Bronze Star Medal and the Purple Heart.

3. The applicant states that her late husband received the Bronze Star Medal for meritorious achievement on 25 June 1970 and that he received the Purple Heart sometime around 1969/1970; however, they are not listed on his discharge document. She contends that she has the medals but not the recommendations for the awards. In support of her application, she submits a copy of their Marriage License; the FSM’s Death Certificate; two newspaper articles; and four photographs.

4. The FSM’s military records show that he was inducted on 14 April 1969 and was honorably discharged on 16 April 1969 for immediate reenlistment. He reenlisted on 17 April 1969 for a period of 3 years. He served as a supply clerk in Vietnam from 3 October 1969 through 2 October 1970 and was honorably released from active duty on 12 January 1972.

5. The FSM’s DD Form 214 (Report of Transfer or Discharge) with an effective date of 12 January 1972 does not show the Bronze Star Medal or the Purple Heart as authorized awards.

6. In support of her claim, the applicant provided two newspapers articles which state that the FSM received the Bronze Star Medal for meritorious achievement in Vietnam. However, there are no orders for the Bronze Star Medal contained in the available records.

7. The FSM’s records do contain orders for the Army Commendation Medal for meritorious achievement during the period 3 October 1969 to 2 March 1970 in Vietnam; orders for the Army Commendation Medal with First Oak Leaf Cluster for meritorious achievement during the period 3 March 1970 to 2 August 1970; and orders for the Army Commendation Medal with Second Oak Leaf Cluster for meritorious service during the period October 1969 to October 1970 in Vietnam.

8. There is no evidence in the FSM’s military records that he was awarded the Purple Heart or was wounded as a result of hostile action.

9. The FSM’s DA Form 20 (Enlisted Qualification Record) does not reflect entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank. The FSM’s name does not appear on the Vietnam Casualty Roster.

10. The FSM’s discharge document with an effective date of 12 January 1972 shows the Vietnam Service Medal as an authorized award. His records show that the participated in five campaigns during his assignment in Vietnam.

11. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the FSM is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974. This award is not shown on his discharge document.

12. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

13. Paragraph 1-18 of Army Regulation 600-8-22 states that only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.

14. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for 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, and the medical treatment must have been made a matter of official record.

15. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal. This regulation also provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.

CONCLUSIONS:

1. Notwithstanding the newspaper articles which state that the FSM received the Bronze Star Medal for achievement, there is no evidence of record available to the Board which shows the FSM was awarded the Bronze Star Medal. There are no orders for the Bronze Star Medal in the FSM’s service personnel records. The FSM authenticated his discharge document on 12 January 1972 attesting to the fact that he was not entitled to the Bronze Star Medal. Based on the foregoing, the Board determined that the newspaper articles by themselves are not sufficient as a basis for award of the Bronze Star Medal in this case particularly since General Orders show the FSM received two awards of the Army Commendation Medal for meritorious achievement and one award of the Army Commendation Medal for meritorious service.

2. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows the FSM was wounded or treated for wounds as a result of hostile action in Vietnam. Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

3. The FSM’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the FSM participated in five campaigns during his assignment in Vietnam which are not correctly shown by award of one silver service star for wear on his Vietnam Service Medal. Therefore, in accordance with the governing regulation, the FSM is entitled to the Vietnam Service Medal with one silver service star and correction of his DD Form 214 to show these awards.

4. The FSM’s unit was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it. Therefore, the FSM is entitled to correction of his military records to show this unit citation.

5. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that the FSM was awarded the Vietnam Service Medal with one silver service star and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

KAK____ TAP____ BJL_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Karol A. Kennedy_________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002075106
SUFFIX
RECON
DATE BOARDED	20021029
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0014
2.	107.0015
3.
4.
5.
6.