PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 11 March 2003
         DOCKET NUMBER: AR2003085522


         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:

Mr. Samuel A. Crumpler		Chairperson
Mr. Ted S. Kanamine		Member
Ms. Shirley Powell		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, as the widow of a deceased former service member (FSM), requests that her late husband be awarded two awards of the Purple Heart (correctly known as the Purple Heart with First Oak Leaf Cluster).

3. The applicant states, in effect, that the FSM was awarded the Purple Heart posthumously on 30 July 1969. She also contends that the FSM was also wounded in action on 16 November 1968 by a Vietnamese booby trap. In support of her application, she submits a letter of explanation, dated 26 January 2003; a letter, dated 30 July 1969, from The Adjutant General of the Army; and a Daily Staff Journal of the 1st Infantry Division.

4. The FSM’s military records show that he was inducted on 16 May 1968. He served as a rifleman in Vietnam from 27 October 1968 until he was killed in action on 24 May 1969.

5. The available records contain a DD Form 1300 (Report of Casualty), dated
3 June 1969, which shows the FSM was killed in action in Vietnam on 24 May 1969.

6. There are no orders for the Purple Heart in the FSM’s service personnel records.

7. The FSM’s service personnel records contain a DD Form 1380 (U.S. Field Medical Card), dated 16 November 1968, which shows he sustained a fragment wound to his left shoulder as the result of enemy action.

8. On 30 July 1969, The Adjutant General of the Army awarded posthumously the Purple Heart to the FSM. This letter also indicates that prior to the FSM’s death he had not received any award of the Purple Heart.

9. The Vietnam Casualty Roster shows the FSM was wounded in action on
16 November 1968 and was killed in action on 24 May 1969.

10. On 30 July 1969, The Adjutant General of the Army also awarded posthumously to the FSM the Silver Star for gallantry in action on 24 May 1969, the Air Medal, and the Good Conduct Medal.

11. On 8 July 1970, the Government of the Republic of Vietnam awarded posthumously to the FSM the Military Merit Medal and a personal award of the Republic of Vietnam Gallantry Cross with Palm.

12. Records show that prior to the FSM’s death, he had been awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Combat Infantryman Badge, the Expert Marksmanship Qualification Badge with Rifle Bar, the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar and the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.

13. The FSM’s records show that he participated in two campaigns during his assignment in Vietnam.

14. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of the FSM’s assignment to the 2nd Battalion, 18th Infantry of the 1st Infantry Division, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters Department of the Army General Orders Number 3, dated 1970.

15. Department of the Army Pamphlet 672-3 also shows that the FSM’s unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters Department of the Army General Orders Number 53, dated 1970.

16. Army Regulation 600-8-22 (Military Awards) 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. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

17. 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.

18. U.S. Army Vietnam Regulation Number 672-2 provided for processing of foreign awards and decorations presented to individuals and units. This regulation, in pertinent part, governed award of the Republic of Vietnam Gallantry Cross as a personal decoration. This decoration is awarded to personnel who have conducted themselves with heroic action and have displayed deeds of valor while fighting the enemy. The more gallant and noteworthy the act, the higher the level of the award. This decoration was awarded in four degrees: with Palm, with Gold Star, with Silver Star and with Bronze Star. Approval to accept and to wear a personal award of the Vietnam Cross of Gallantry required approval by the Commanding General of United States Army Vietnam. As with all foreign awards, each recipient of an approved foreign award was provided a copy of the original citation from the foreign government, a translation of the citation if necessary, and a letter authorizing the recipient to receive and wear the decoration.

CONCLUSIONS:

1. Evidence of record also shows the FSM was wounded in action on
16 November 1968 in Vietnam.

2. The FSM was awarded a posthumous award of the Purple Heart for being killed in action on 24 May 1969 in Vietnam. Therefore, the FSM is entitled to two awards of the Purple Heart.

3. The FSM was awarded the posthumous awards of the Silver Star, the Air Medal, the Good Conduct Medal, the Military Merit Medal and a personal award of the Republic of Vietnam Gallantry Cross with Palm. Therefore, the FSM is entitled to correction of his military records to show these awards.

4. Evidence of record shows that prior to his death, the FSM received the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Combat Infantryman Badge, the Expert Marksmanship Qualification Badge with Rifle Bar, the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar and the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar. Therefore, the FSM is entitled to correction of his military records to show these awards.

5. Records show the FSM participated in two campaigns during his assignment in Vietnam. Therefore, the FSM is entitled to the Vietnam Service Medal with two bronze service stars.

6. The FSM’s unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it. Therefore, the FSM is entitled to correction of his military records to show these unit citations.

7. In view of the foregoing, the FSM’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be amended to show that the FSM was posthumously awarded the Purple Heart with First Oak Leaf Cluster, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

2. That an official certificate be prepared to show the FSM was posthumously awarded the Purple Heart with First Oak Leaf Cluster, the Silver Star, the Air Medal, the Good Conduct Medal, the Military Merit Medal, a personal award of the Republic of Vietnam Gallantry Cross with Palm, the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Vietnam Campaign Medal, the Combat Infantryman Badge, the Expert Marksmanship Qualification Badge with Rifle Bar, the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar, the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

BOARD VOTE:

SAC____ TSK____ SP______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




__Samuel A. Crumpler____ CHAIRPERSON

INDEX

CASE ID	AR2003085522
SUFFIX
RECON
DATE BOARDED	20030311
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT PLUS
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0000
3.
4.
5.
6.