RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          27 September 2005
      DOCKET NUMBER:  AR20040010439


      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. Rosa M. Chandler              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Ronald E. Blakely             |     |Chairperson          |
|     |Mr. Lawrence Foster               |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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 (spouse of the former service member, or FSM) requests,
in effect, that the records of the FSM be corrected to show he was
posthumously awarded the Purple Heart (PH).

2.  The applicant states the FSM was killed in action while disarming an
enemy booby trap.

3.  The applicant provides in support of her request a DA Form 2173,
Statement of Medical Examination and Duty Status; and a DA Form 10-249,
Certificate of Death (Overseas).

CONSIDERATION OF EVIDENCE:

1.  On 4 June 1969, the FSM was appointed a second lieutenant in the
Regular Army, Infantry.  He was promoted to first lieutenant, effective 4
June 1970.  The FSM was assigned to Vietnam on 4 July 1970.

2.  On 31 August 1970, the FSM was further assigned to Company E
(Reconnaissance Platoon), 1st Battalion, 12th Infantry, 4th Infantry
Division, Vietnam.

3.  A Report of Casualty, Department of the Army, Office of the Adjutant
General, Washington, DC, dated 12 October 1970, shows the FSM's death was
the result of a "non-battle casualty."  Both the Report of Casualty and the
DA Form 2173, provided by the applicant show that, on 26 September 1970,
the FSM was killed while attempting to retrieve a mechanical ambush device
when the device prematurely detonated.  The Report of Casualty also shows
the applicant is named as the spouse of the FSM.

4.  The available record does not contain a DD Form 214, because the FSM
died while serving in an active duty status.

5.  General Orders issued by Headquarters, 4th Infantry Divison
posthumously awarded the FSM the following awards:

      a.  General Orders Number 5224, dated 18 October 1970, awarded the
FSM the Silver Star for gallantry in action while engaged in military
operations against a hostile force in Vietnam on 23 August 1970.
b.  General Orders Number 5156, dated 16 October 1970, awarded the FSM the
Bronze Star Medal for meritorious achievement in connection with military
operations against an armed hostile force during the period of service from
15 August to 26 September 1970.

      c.  General Orders Number 5155, dated 16 October 1970, awarded the
FSM the Air Medal for meritorious achievement while participating in aerial
flight during the period of service from 15 August to 26 September 1970.

6.  On 12 March 1971, the Chief of the Joint General Staff, Republic of
Vietnam Armed Forces posthumously awarded the FSM the Armed Forces Honor
Medal, First Class.

7.  In early 1971, the Department to the Army, Office of the Adjutant
General (AG), acknowledged the applicant was being issued the following
awards:  Silver Star, Bronze Star Medal, Air Medal, and the Combat
Infantryman Badge.  The FSM had already been issued the National Defense
Service Medal, Vietnam Service Medal (VSM), Vietnam Gallantry Cross with
Palm Unit Citation, Vietnam Campaign Medal (VCM), Ranger Tab, Parachutist
Badge, and the Expert Marksmanship Qualification Badge with Rifle Bar.

8.  On 17 June 1987, on behalf of the FSM, the Army Reserve Personnel
Center, St. Louis, Missouri authorized the FSM's father to be issued the
same awards that are shown in paragraph 8 above.  The recipient of the
awards was also advised that the United States Government does not issue
foreign awards; therefore, they could be purchased from a civilian dealer
in military insignia.

9.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the
Army criteria, policy and instructions concerning individual military
awards, service medals and service ribbons, combat and special skill badges
and tabs, unit decorations, and trophies and similar devices awarded in
recognition of accomplishments.  It provides, in pertinent part:

      a.  The PH 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.


      b.  A bronze service star is authorized 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 campaign or
service medal
including the VSM.  One bronze service star may be placed on the VSM to
represent the FSM's service from 4 July to 26 September 1970.

DISCUSSION AND CONCLUSIONS:

1.  Even though, the FSM was fatally wounded while serving in Vietnam, his
death was determined not due to a "battle casualty" or a hostile force.
Therefore, award of the PH is not authorized.  The FSM was accidentally
killed while retrieving "a mechanical ambush device," most likely an M-18A1
Claymore mine. These devices were emplaced by US forces when they went into
night defensive positions.  In event of an enemy attack, the mines could be
command detonated. If there was no attack, the devices were retrieved in
the morning when the US forces abandoned the night defensive position.
Unfortunately, the FSM was retrieving a Claymore mine when it detonated,
killing him.

2.  The Board wants the applicant and all others concerned to know that
this action in no way diminishes the extraordinary heroism and sacrifice by
the FSM in service to the United States.  His actions in Vietnam were
recognized with this Nation's third highest decoration for heroism in
action against an armed enemy, and the applicant and all Americans should
be justifiably proud of the FSM's service in arms and the recognition of
his heroism by as grateful Nation.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__reb___  __lf____  __lmd___  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.



                                  Ronald E. Blakely
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040010439                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050927                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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