RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          4 October 2005
      DOCKET NUMBER:  AR20050002542


      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. Mark Manning                  |     |Chairperson          |
|     |Mr. Larry Bergquist               |     |Member               |
|     |Ms. Carmen Duncan                 |     |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, as the widow of a deceased former service member (FSM),
requests, in effect, that her late husband’s DD Form 214 (Report of
Transfer or Discharge) be corrected to show award of the Purple Heart and
the Army Commendation Medal.

2.  The applicant states these awards are not included on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214; a death certificate;
and a marriage license.

CONSIDERATION OF EVIDENCE:

1.  The applicant requested correction of the FSM’s records to show award
of the Army Commendation Medal.  There are no orders or other evidence
authorizing this decoration to the FSM.  In the absence of a proper award
authority for this decoration, the applicant may request award of the Army
Commendation Medal under the provisions of Section 1130 of Title 10, United
States Code.  The applicant has been notified by separate correspondence of
the procedures for applying for this decoration under Section 1130 and, as
a result, they will not be discussed further in this Record of Proceedings.

2.  The FSM was inducted on 3 September 1968.  He arrived in Vietnam on
5 February 1969.  He served as an armor intelligence specialist assigned to
Troop A, 1st Squadron, 10th Cavalry of the 4th Infantry Division in Vietnam
from 19 February 1969 through 4 February 1970.  On 2 September 1970, the
FSM was released from active duty in the rank of sergeant after completing
2 years of creditable active service with no time lost.

3.  The FSM's DD Form 214 shows the National Defense Service Medal, the
Vietnam Service Medal, the Vietnam Campaign Medal, the Combat Infantryman
Badge, and the Expert Marksmanship Qualification Badge with Rifle Bar as
authorized awards.

4.  There are no orders for the Purple Heart in the FSM’s service personnel
records. However, a Western Union telegram, dated 10 June 1969, states the
FSM was slightly injured in action on 6 June 1969 by a fragment while at a
night defensive position when the area came under rocket attack by a
hostile force in Vietnam.

5.  The Vietnam Casualty Roster also shows the FSM was wounded in action on
6 June 1969.
6.  Records show the FSM participated in four campaigns during his
assignment in Vietnam.

7.  There is no evidence the FSM received the first award of the Good
Conduct Medal.  There also is no evidence the FSM was disqualified by his
chain of command from receiving the Good Conduct Medal.  His records do not
contain any adverse information and he received conduct and efficiency
ratings of “excellent” throughout his service.

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 the FSM's unit is entitled to
award of the Valorous Unit Award for actions during the period 8-29 May
1969 by Department of the Army General Orders Number 43, dated 1970.

9.  Department of the Army Pamphlet 672-3 also shows that the FSM’s unit is
also entitled to award of the Republic of Vietnam Gallantry Cross with Palm
Unit Citation based on Department of the Army General Orders Number 52,
dated 1971.

10.  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.

11.  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.

12.  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
except that a service school efficiency rating based upon academic
proficiency of at least "good" rendered subsequent to 22 November 1955 was
not disqualifying.  However, there was no right or entitlement to the medal
until the immediate commander made positive recommendation for its award
and until the awarding authority announced the award in General Orders.
DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the FSM was wounded in action on 6 June 1969
in Vietnam.  Therefore, he is entitled to award of the Purple Heart and
correction of his DD Form 214 to show this award.

2.   The FSM participated in four campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with four
bronze service stars.

3.  The FSM was separated in the rank of sergeant with two years of
creditable active service with no time lost.  Therefore, it appears the FSM
met the eligibility criteria for the first award of the Good Conduct Medal
for the period 3 September 1968 through 2 September 1970 based on
completion of a period of qualifying service ending with the termination of
a period of Federal military service.

4.  The FSM's unit was cited for award of the Valorous Unit Award and the
Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was
assigned to the unit.

BOARD VOTE:

MM____  LB______  _CD_____  GRANT 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.  awarding him the Purple Heart for wounds received in action on 6
June 1969 in Vietnam;

      b.  awarding him the first award of the Good Conduct Medal for the
period 3 September 1968 through 2 September 1970; and

      c.  amending his DD Form 214 to add award of the Purple Heart and the
Good Conduct Medal and to show that he was awarded the Vietnam Service
Medal with four bronze service stars, the Valorous Unit Award, and the
Republic of Vietnam Gallantry Cross with Palm Unit Citation.




            __Mark Manning________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050002542                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051004                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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