RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 September 2005
      DOCKET NUMBER:  AR20050000514


      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             |
|     |Mr. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Larry J. Olson                |     |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, the widow of a former service member (FSM), requests, in
effect, that the FSM be awarded:

      a.)  the Purple Heart, with oak leaf cluster, for wounds that he
allegedly sustained in Vietnam; and


      b.)  the Republic of Vietnam Defense Commemorative Medal, the
Republic of Vietnam Wound Medal, the Combat Service Commemorative Medal,
the American Defense Service Commemorative Medal, the Overseas Service
Commemorative Medal, the United States Army Commemorative Medal, and the
Honorable Service Commemorative Medal.

2.  The applicant states, in effect, that the FSM sustained two injuries
while he was in Vietnam.  He was stabbed with a sugar cane knife in the
right shoulder and, he was wounded in the back by shrapnel when the
transmission of a helicopter exploded when it was hit by enemy fire.
Posthumous approval of these awards to the FSM would mean so much to her,
their daughter and grandson.

3.  The applicant provides a copy of the FSM's DD Form 214, Armed Forces
of the United States Report of Transfer or Discharge; a copy of a
chronological record of medical care; a report of medical examination; and
a copy of the FSM's certificate of death; in support of her request.  The
death certificate shows the applicant is the widow of the FSM and served as
the informant at the time of his death.

CONSIDERATION OF EVIDENCE:

1.  The FSM's record shows that he enlisted in the Regular Army for 3 years
on 20 June 1969.  He completed his basic combat training at Fort Bliss,
Texas, and his advanced individual training at Fort Rucker, Alabama.  After
completing all required training, the FSM was awarded the military
occupational specialty (MOS), 67A (Aircraft Maintenance Apprentice).

2.  The FSM was assigned to and he arrived in Vietnam on 30 December 1969.
He was assigned to the 116th Aviation Company (Assault Helicopter) and
performed the duties of a door gunner.  On 1 September 1970, the FSM
was assigned the duties of crew chief.  The FSM departed Vietnam on
25 November 1970.

3.  Following his assignment in Vietnam, the FSM served in Germany.  He
applied for a discharge for hardship reasons and on 13 December 1971 the
FSM was discharged in the rank and pay grade, Specialist Five, E-5.  On his
discharge date, the FSM had 1 year, 5 months, and 24 days creditable
military service.

4.  The FSM's DD Form 214, Item 24 (Decorations, Medals, Badges,
Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows
that he was awarded:  the National Defense Service Medal; the Vietnam
Service Medal; the Republic of Vietnam Campaign Medal, with '60 Device; the
Army Commendation Medal; and the Expert Marksmanship Qualification Badge,
with Rifle Bar.  The Purple Heart, with oak leaf cluster, is not shown
among the FSM's awards.

5.  The FSM's name does not appear on the Vietnam Casualty List.

6.  The Standard Form 600, Chronological Record of Medical Care, that the
FSM's widow submitted, shows that on 5 July 1970, he was treated at the
269th ABC Dispensary for a two inch cut on his right shoulder.  The entry
on this medical record does not describe the circumstances under which he
received the cut.

7.  Item 40 (Brief Description of Wounds), of the FSM's DA Form 20, is
blank.

8.  On 5 August 1980, the FSM's widow's Member of Congress (MOC), was
advised, in response to a inquiry she submitted to him that an examination
had been made of her husband's Army medical records on file at the
Department of Veterans Affairs Regional Office (VARO), Houston, Texas, and
that no evidence was found of a shell fragment wound or wounds received
while he was in service.  The injuries that the FSM had sustained on his
back and shoulder were not found to be as a result of shell fragments.

9.  The FSM was awarded the Air Medal by General Orders Number 1187,
Headquarters, 1st Aviation Brigade, for meritorious achievement while
participating in aerial flight.  This award is not shown on the FSM's DD
Form 214.

10.  Review of the FSM's record revealed that he was not awarded the Good
Conduct Medal before his release from active duty.
11.  Item 38 (Record of Assignments), of the FSM's DA Form 20, Enlisted
Qualification Record, shows that the FSM consistently received "excellent"
conduct and efficiency ratings.  There is no evidence of any breach of good
order or discipline in the FSM's service personnel record that would
preclude award of the Good Conduct Medal.

12.  The FSM's DD Form 214 shows entitlement to the Vietnam Service Medal;
however, it does not show the bronze service stars to which he is entitled
for his campaign participation.

13.  While in Vietnam, the FSM participated in the following three
campaigns: the Vietnam Winter-Spring 1970, which extended from 1 November
1969 through 30 April 1970; the Sanctuary Counteroffensive, which extended
from 1 May through 30 June 1970; and the Vietnam Counteroffensive, Phase
VII, which extended from 1 July 1970 through 30 June 1971.

14.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.

15.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign
Participation Credit Register, dated 29 January 1988, which lists unit
awards received by units serving in Vietnam, shows that the FSM's unit, the
116th Aviation Company (Assault Helicopter), was awarded the, Republic
of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, for the
period 1 May 1969 through 15 May 1970, by Department of the Army General
Orders (DAGO) Number 55, dated 1971.  This unit award is not shown on his
DD Form 214.

16.  DA Pamphlet 672-3 also shows that the FSM's unit, a subordinate unit
of the United States Army, Vietnam, was awarded the Republic of Vietnam
Gallantry Cross, with Palm, Unit Citation, for the period 20 July 1965
through 28 March 1973, by DAGO Number 8, dated 1974.  This unit award is
also not shown on the FSM's DD Form 214.

17.  AR 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.  This
regulation also provides that there is no statute of limitations on
requests for award of the Purple Heart.

18.  Army Regulation 600-8-22 states, in pertinent part, that the bronze
oak leaf cluster is awarded to denote the second and succeeding awards of
certain decorations, among which is the Purple Heart.

19.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a Soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least 30 consecutive days of the period cited.

20.  AR 672-5-1, in effect at the time of the FSM's separation provides
that the Good Conduct Medal is awarded to individuals who distinguish
themselves by their conduct, efficiency and fidelity during a qualifying
period of active duty enlisted service.  This period is 3 years except in
those cases when the period for the first award ends with the termination
of a period of Federal military service.  Although there is no automatic
entitlement to the Good Conduct Medal, disqualification must be justified.
To be eligible for award of the Good Conduct Medal, Soldiers must meet all
of the following criteria:  all conduct (character) and efficiency ratings
must be recorded as "Excellent" except that ratings of "Unknown" for
portions of the period under consideration are not disqualifying.  Service
school efficiency ratings based upon academic proficiency of at least
"Good" rendered subsequent to 22 November 1955 are not disqualifying.

21.  The commemorative medals – the Republic of Vietnam Defense
Commemorative Medal, the Republic of Vietnam Wound Medal, the Combat
Service Commemorative Medal, the American Defense Service Commemorative
Medal, the Overseas Service Commemorative Medal, the United States Army
Commemorative Medal, and the Honorable Service Commemorative Medal that
the applicant has requested be awarded to her deceased husband, are not
governed by AR 600-8-22.  These medals are made available by commercial
resources and since they are not governed by the applicable regulation,
these commemorative medals are not shown on a discharge document and hence,
they will not be discussed further in these Proceedings.

DISCUSSION AND CONCLUSIONS:

1.  The evidence does not support the applicant's contention that her
husband, a FSM, was twice wounded in action while he served in Vietnam.
2.  The FSM's name does not appear on the Vietnam Casualty List.  There is
no indication in Item 40 in his qualification record that he was wounded in
action.

3.  An examination of the FSM's Army medical records on file at the VARO,
Houston, Texas, revealed no evidence that the injuries that the FSM had
sustained on his back and shoulder were received while he was in service.

4.  Based on the available evidence, there is no basis upon which to award
the Purple Heart, with oak leaf cluster, to the FSM and to add it to his DD
Form 214.

5.  The FSM had "excellent" conduct and efficiency ratings throughout his
time in the Army.  There is no evidence of indiscipline while he served on
active duty.  The FSM was not awarded the Good Conduct Medal, it appears,
more as a result of administrative oversight when he was given approval for
a hardship discharge, rather than something that he did to disqualify
himself from this award. The FSM is therefore eligible for award of the
Good Conduct Medal for the period 20 June 1969 through 13 December 1971.

6.  The FSM's DD Form 214 shows entitlement to the Vietnam Service Medal.
It does not show the three bronze service stars to which he is entitled for
his campaign participation.  He is entitled to award of three bronze
service stars to be affixed to his Vietnam Service Medal, and to have them
shown on his DD Form 214.

7.  The FSM served in a unit at the time it was awarded the Republic of
Vietnam Gallantry Cross, with Palm, Unit Citations and the Republic of
Vietnam Civil Actions Honor Medal, First Class, Unit Citation.  The FSM is
therefore entitled to these unit awards and to have them added to his
DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

____jtm__  ____wdp  ____ljo__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

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

      a.  adding the already-awarded Air Medal to the FSM's DD Form 214;

      b.  awarding the FSM the Good Conduct Medal for the period 20 June
1969 through 13 December 1971 and adding this award to his DD Form 214;

      c.  awarding the FSM the Republic of Vietnam Gallantry Cross, with
Palm, Unit Citation and the Republic of Vietnam Civil Actions Honor Medal,
First Class, Unit Citation; and adding these unit awards to his DD Form
214; and

      d.  awarding the FSM three bronze service stars to be affixed to his
already-awarded Vietnam Service Medal to denote his participation in three
campaigns while he served in Vietnam.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Purple Heart to the FSM and its addition to his DD Form 214.




                                  ___________William D. Powers___
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050000514                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |                                        |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.46     |107.0000                                |
|2. 61                   |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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