RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           16 June 2005
      DOCKET NUMBER:  AR20040006678


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Raymond J. Wagner             |     |Chairperson          |
|     |Mr. Kenneth W. Lapin              |     |Member               |
|     |Ms. Delia R. Trimble              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that the Purple Heart be awarded to
her deceased father, a former service member (FSM).

2.  The applicant states that the FSM was killed in action on 9 September
[1969]. The National Personnel Records Center (NPRC) helped her replace his
medals and informed her he was entitled to the Purple Heart but they were
not authorized to award it.

3.  The applicant provides a letter from the NPRC dated 16 August 2004.

CONSIDERATION OF EVIDENCE:

1.  After having had prior service, the FSM enlisted in the Regular Army on
         3 November 1963.  He arrived in Vietnam and was assigned to
Company B, 1st Engineer Battalion, 1st Infantry Division on 29 August 1968.
 He was killed in action on 9 September 1969.  He was credited with
participation in three campaigns.

2.  By letter dated 5 January 1970, Headquarters, Department of the Army,
Office of The Adjutant General informed the FSM's widow that he had been
posthumously awarded the Bronze Star Medal with First Oak Leaf Cluster and
the Purple Heart.  Attached to the letter were Headquarters, 1st Infantry
Division General Orders Number 11412 dated 27 September 1969 which awarded
the FSM the Bronze Star Medal for meritorious achievement for the period 20
June 1969 to 1 September 1969.  Also attached were Headquarters, 1st
Infantry Division General Orders Number 11752 dated 2 October 1969 which
awarded the FSM the Bronze Star Medal for meritorious service for the
period August 1968 to September 1969.  Purple Heart orders were not
attached and are not filed in his personnel records.

3.  On an unknown date the Republic of Vietnam posthumously awarded the
Military Merit Medal to the FSM.

4.  By letter dated 16 August 2004, the NPRC authorized issuance to the
applicant of the Army Commendation Medal with one oak leaf cluster, the
Army Good Conduct Medal (third award), the National Defense Service Medal,
the Vietnam Service Medal, the Republic of Vietnam Campaign Ribbon with
device 1960, the Expert Marksmanship Qualification Badge with rifle bar,
and the
Sharpshooter Marksmanship Qualification Badge with machine gun bar with
rifle bar.

5.  The NPRC letter noted that the FSM had been killed in action and was
entitled to receive the Purple Heart but they had no authority to award it.
 The letter also informed the applicant that the Republic of Vietnam
Gallantry Cross with Palm Unit Citation and the Republic of Vietnam
Campaign Medal with device 1960 were foreign awards not issued by the Army
but could be purchased from civilian dealers in military insignia.

6.  Army Regulation 600-8-22 (Military Awards) states that the Purple Heart
is awarded to any member of an Armed Force who has been wounded or killed
in any action against an enemy of the United States.

7.  Army Regulation 600-8-22 authorizes a bronze service star to be worn on
the appropriate service medal for each campaign participation credited.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows that, at the time of the
applicant's assignment to the 1st Engineer Battalion, it was cited for
award of the Meritorious Unit Commendation for the period 3 June 1968
through 5 June 1969 by Department of the Army General Orders Number 50
dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The FSM was killed in action on 9 September 1969 and was therefore
entitled to award of the Purple Heart.

2.  The FSM had been posthumously awarded the Bronze Star Medal with First
Oak Leaf Cluster.  This award was not mentioned in NPRC's 16 August 2004
letter.

3.  The FSM met the eligibility criteria for wear of three bronze service
stars on the Vietnam Service Medal.  The applicant should be issued three
bronze service stars.

4.  The FSM was also assigned to a unit during a period of time that unit
was awarded the Meritorious Unit Commendation.  The applicant should be
issued the Meritorious Unit Commendation.

5.  The Republic of Vietnam had also posthumously awarded the FSM the
Military Merit Medal.  As this is a foreign award not issued by the Army,
the applicant may purchase it from civilian dealers in military insignia.

BOARD VOTE:

__rjw___  __kwl___  __drt___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by:

     a.  posthumously awarding him the Purple Heart, date of action 9
September 1969; and

     b.  authorizing issuance to the applicant of the Purple Heart, the
Bronze Star Medal with one oak leaf cluster, three bronze service stars to
be worn on the Vietnam Service Medal, and the Meritorious Unit
Commendation.




            __Raymond J. Wagner___
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040006678                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050616                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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