PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 30 September 2003
         DOCKET NUMBER: AR2003086673


         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. Beverly A. Young		Analyst

The following members, a quorum, were present:

Mr. Raymond J. Wagner		Chairperson
Mr. Melvin H. Meyer		Member
Ms. Margaret V. Thompson		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 correction of her husband's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Air Medal and the Army Good Conduct Medal.

3. The applicant states that the FSM served honorably from 26 April 1968 to 24 April 1970 including his time in Vietnam. In support of her application, she submits a copy of orders awarding the Air Medal, a death certificate and a marriage license.

4. The FSM’s military records show that he was inducted into the Army on 26 April 1968. He completed the required training and was assigned to Vietnam on 18 September 1968 as a rifleman.

5. There is no evidence the FSM received the first award of the Army Good Conduct Medal. There also is no evidence the FSM was disqualified by his chain of command from receiving the Army Good Conduct Medal. His records do not contain any disciplinary actions and his DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency ratings as "excellent" throughout his period of service.

6. The FSM was awarded the Purple Heart for wounds sustained on 5 March 1969 by Headquarters, 25th Infantry Division General Orders Number 3529, dated 20 March 1969. Item 40 (Wounds) on his DA Form 20 shows he sustained a second wound to his right hand on 7 April 1969. The FSM's name is listed on the Vietnam Casualty Roster for being wounded on both dates.

7. The FSM was awarded the Bronze Star Medal with "V" Device for action on 5 March 1969 in the Republic of Vietnam by Headquarters, 25th Infantry Division General Orders Number 4088, dated 27 March 1969.

8. The FSM was awarded a second Bronze Star Medal with "V" Device for action on 2 April 1969 in the Republic of Vietnam by Headquarters, 25th Infantry Division General Orders Number 5980, dated 26 April 1969.

9. The applicant provided a copy of Headquarters, 25th Infantry Division General Orders Number 10631, dated 21 August 1969 which awarded the FSM the basic Air Medal for meritorious achievement while participating in aerial flight during the period 5 May 1969 through 25 July 1969.

10. Item 38 (Record of Assignments) on the FSM's DA Form 20 shows he was assigned to Company D, 2nd Battalion, 12th Infantry, 25th Infantry Division in Vietnam from 27 September 1968 through 30 August 1969. He was credited with participation in three campaigns.

11. The FSM was released from active duty on 24 April 1970. His DD Form 214 shows entitlement to the Bronze Star Medal, the Purple Heart, the Combat Infantryman Badge, the Vietnam Service Medal, the Vietnam Campaign Medal, the National Defense Service Medal, two Overseas Bars, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar after completion of 1 year, 11 months, and 29 days of active military service with no lost time.

12. 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, 12th Infantry, this unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 51, dated 1971.

13. Department of the Army Pamphlet 672-3 shows that, at the time of the FSM’s assignment to the 2nd Battalion, 12th Infantry, this unit was also cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 5, dated 1973.

14. Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. At the time, a soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

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.

CONCLUSIONS:

1. The FSM was awarded the basic Air Medal for meritorious achievement from 5 May 1969 through 25 July 1969. Therefore, his DD Form 214 should be corrected to show the Air Medal.

2. The Board notes that the FSM met the regulatory requirements for award of the Army Good Conduct Medal for the period 26 April 1968 through 24 April 1970. Therefore, his DD Form 214 should be corrected to show the first award of the Army Good Conduct Medal.

3. The Board notes that the FSM's DD Form 214 currently shows one award of the Purple Heart. However, the evidence of record shows he was wounded twice as a result of hostile action in Vietnam. Therefore, the Board has determined that it would be appropriate to award the FSM a second award of the Purple Heart and amend his DD Form 214 to show the Purple Heart (First Oak Leaf Cluster).

4. The Board also notes that the FSM's DD Form 214 currently shows one award of the Bronze Star Medal. However, the evidence of record shows the FSM was awarded two awards of the Bronze Star Medal with "V" Device, one for action on 5 March 1969 and one for action on 2 April 1969 in the Republic of Vietnam. Therefore, the FSM's DD Form 214 should be corrected to show the Bronze Star Medal (Second Oak Leaf Cluster) with "V" Device.

5. Based on the FSM's dates of service in Vietnam, Appendix B of Army Regulation 600-8-22 shows that he participated in three campaigns of the Vietnam War. Therefore, he is entitled to three bronze service stars for wear on his Vietnam Service Medal.

6. The Board notes that the FSM was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, his DD Form 214 should be corrected to show these foreign unit awards.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

a. by awarding the FSM the Army Good Conduct Medal for the period 26 April 1968 through 24 April 1970 and the Purple Heart (First Oak Leaf Cluster) for wounds received on 7 April 1969;

b. by showing the FSM was awarded the Air Medal, the Army Good Conduct Medal, the Purple Heart (First Oak Leaf Cluster), the Bronze Star Medal (Second Oak Leaf Cluster) with "V" Device, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

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c. by showing he is authorized to wear three bronze service stars on his Vietnam Service Medal.

BOARD VOTE:

RJW______ MHM__ MVT____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Raymond J. Wagner_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2003086673
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030930
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT PLUS
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	107.0000
2.
3.
4.
5.
6.