RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 August 2006
      DOCKET NUMBER:  AR20060001212


      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:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Ms. Rose M. Lys                   |     |Member               |
|     |Mr. John G. Heck                  |     |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
through her Member of Congress (MOC), in effect, that the FSM be awarded
two Purple Hearts, in effect, the Purple Heart, with oak leaf cluster, for
wounds received in Vietnam and that these awards be added to his DD Form
214, Armed Forces of the United States, Report of Transfer or Discharge.

2.  The applicant states, in effect, that the medals were not issued to the
FSM at the time he was wounded.  The applicant asks that the Board see the
statement submitted by the FSM's battalion medical officer.

3.  In support of her application to the Board, in behalf of her deceased
husband, the applicant submitted a copy of a marriage certificate issued
by the State of Iowa, Dubuque County, dated 5 August 1967; a copy of the
FSM's death certificate issued by the State of Iowa, Iowa Department of
Public Health, dated 19 August 2005; a copy of the FSM's DD Form 214; and
the statement from the FSM's battalion's medical officer.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice, which
occurred on 2 January 1971, the date of the FSM's release from active
duty.  The application submitted in this case is dated 15 August 2005 but
was received for processing on 28 December 2005.

2.  The FSM's military records show that he enlisted in the Regular Army on
1 April 1968.  He completed basic combat training at Fort Bliss, Texas, and
his advanced individual training at Fort Sam Houston, Texas.  After
completing all required training, he was awarded the military occupational
specialty (MOS), 91A (Medical Corpsman).  The FSM was reclassified and was
awarded the MOS 91B (Medical Specialist), on 1 November 1968.

3.  The FSM served in Vietnam from 6 September 1968 through 13 July 1969.
On his arrival in Vietnam, he was assigned to Headquarters and Headquarters
Company, 2nd Battalion, 60th Infantry Regiment, 9th Infantry Division.  On
7 July 1969 he was reassigned to Company B, 4th Battalion, 47th Infantry
Regiment, 9th Infantry Division.  He remained assigned to this unit until
he was returned to the Continental United States.
4.  The FSM was honorably released from active duty on 2 January 1971 under
the provisions of Army Regulation (AR) 635-200, early release to return to
school.  He was separated in the rank/pay grade, Specialist Five/E-5.  On
the date he was released from active duty, he had completed 2 years, 9
months, and 2 days active military service, with no lost time.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the FSM's DD Form 214, shows he
was awarded:  the Bronze Star Medal; the Air Medal; the Army Commendation
Medal; the Good Conduct Medal; the National Defense Service Medal; the
Vietnam Service Medal; the Republic of Vietnam Campaign Medal; the Combat
Medical Badge; the Marksman Marksmanship Qualification Badge, with Rifle
Bar [M-14 Rifle]; and the Sharpshooter Marksmanship Qualification Badge,
with Automatic Rifle Bar [M-16 Rifle].  No Purple Hearts are shown on the
FSM's DD Form 214.

6.  There is no entry in Item 40 (Wounds), of the FSM's DA Form 20,
Enlisted Qualification Record, to show that he received a wound or wounds
in action against a hostile force.

7.  There is no entry in Item 41 (Awards and Decorations), of the FSM's DA
Form 20, showing that the FSM was awarded any Purple Hearts.

8.  There are no orders in the FSM's military personnel records awarding
him any Purple Hearts.

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

10.  The letter of support written by the FSM's battalion's medical officer
states, in pertinent part, that their base camp was engaged by hostile
forces.  During the encounter, the FSM, while engaged in his duties as
company medic assigned to B Company, sustained an injury to his foot, which
temporarily incapacitated him for field duty and rendered him non-combat
ready.  He [the battalion medical officer] was unaware at the time whether
the company commander to which he was assigned had noted this on his record
but recalled that the FSM was assigned back to the aide station rather than
field duty for a period of time.  With regard to the Purple Heart
recognition of this injury, he recalls that it had occurred during hostile
action by enemy forces.
11.  The historical files for the 2nd Battalion, 60th Infantry Regiment,
on file at the National Archives, College Park, Maryland, were reviewed.
This review failed to provide any documentation the FSM was wounded on 13
December 1968; however, it was noted in the staff duty journal for 13
December 1968 that thirty-three Soldiers were wounded in action on that
date.  There was no by-name listing attached to the staff duty journal.

12.  A request for a morning report that might provide an indication the
FSM was wounded was submitted to the National Archives and Records
Administration, St. Louis, Missouri, based on the absence of a by-name
listing attached to the staff duty journal for the FSM's unit for 13
December 1968.  Only one morning report specifically naming the FSM was
found.  This morning report showed the FSM was promoted to pay grade E-4
on 1 December1968.

13.  The FSM's DD Form 214 shows he was awarded the Bronze Star Medal;
however, this entry is incorrect.  General Orders Number 762, published
by Headquarters, 9th Infantry Division, dated 23 January 1969, awarded
the FSM the Bronze Star Medal, with "V" Device, for heroism in connection
with military operations against a hostile force, on 13 December 1968.
The FSM was also awarded the Bronze Star Medal, first oak leaf cluster,
for outstanding achievement in connection with military operations
against a hostile force in the Republic of Vietnam on 6 February 1969, by
General Orders Number 3999, Headquarters, 9th Infantry Division, dated 4
April 1969.  In addition, the FSM was awarded the Bronze Star Medal,
first oak lead cluster, for meritorious service in connection with
military operations against a hostile force, for the period September
1968 through June 1969, by General Orders Number 7714, Headquarters, 9th
Infantry Division, dated 27 June 1969.  The entry on the DD Form 214
should correctly read:  the Bronze Star Medal, with two oak leaf clusters
and with "V" Device, to denote the heroism, service, and achievement
displayed by the FSM while in Vietnam.

14.  The FSM's DD Form 214 shows he was awarded the Army Commendation
Medal; however, this entry is also incorrect.  General Orders Number 4053,
published by Headquarters, 9th Infantry Division, dated 5 April 1969,
awarded the FSM the Army Commendation Medal, with "V" Device, for heroism
in connection with military operations against an armed hostile force in
the Republic of Vietnam, on 15 March 1969.  The entry on the DD Form 214
should correctly read:  the Army Commendation Medal, with "V" Device, to
denote the heroism displayed by the FSM on the battlefield on that date.
15.  The FSM's DD Form 214 shows he was awarded the "Viet Nam Cross of
Gallantry"; however, this entry is also incorrect.  The FSM was awarded the
Republic of Vietnam Gallantry Cross, with Bronze Star (an individual award,
not to be confused with a unit award).  The FSM applied for and received
authorization from Headquarters, US Army Vietnam, to accept and wear
this decoration in accordance with applicable regulations.

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

17.  While in Vietnam, the FSM participated in the following four campaigns
of the Vietnam War:  the Vietnam Counteroffensive, Phase V, which extended
from 1 July through 1 November 1968; the Vietnam Counteroffensive, Phase
VI, which extended from 2 November 1968 through 22 February 1969; the Tet
69 Counteroffensive, which extended from 23 February through 8 June 1969;
and the Vietnam Summer-Fall 1969, which extended from 9 June through 31
October 1969.

18.  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 unit the FSM
was assigned to, the 2nd Battalion, 60th Infantry Regiment, was awarded the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the
period January through June 1969, by Department of the Army General Order
(DAGO) Number 59, dated 1969; and the Republic of Vietnam Civil Actions
Honor Medal, First Class, Unit Citation, for the period 19 December 1966
through 28 June 1969, by DAGO 59, dated 1969.  These unit awards are not
shown on the FSM's DD Form 214.

19.  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:  a.) the wound was
the result of hostile action, b.) the wound must have required treatment,
and c.) 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.

20.  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.

21.  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 thirty consecutive days of the
period cited.

22.  AR 670-1, in effect at the time, governed the requirements for the
overseas service bar.  In pertinent part, it provided that a bar is
authorized for wear for each period of active Federal service as a member
of the U.S. Army outside of the continental limits of the United States.
One overseas service bar is authorized for each six-month period served in
the Republic of Vietnam.  To calculate the entitlement, both the month of
arrival and month of departure are counted as a whole month no matter the
number of days in that month that were spent in the hostile fire zone.

DISCUSSION AND CONCLUSION:

1.  To be entitled to award of the Purple Heart, 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.

2.  The battalion medical officer states he recalls that their base camp
was engaged by hostile forces and that the FSM's injury occurred during
hostile action by enemy forces; however, the battalion medical officer is
not specific about the nature of the injury that was allegedly sustained
by the FSM and it was noted by the Board that the FSM's name does not
appear on the Vietnam Casualty List.

3.  In his letter of support the FSM's battalion's medical officer states
the FSM was "injured," as opposed to, "wounded."  The medical officer
states the FSM sustained an injury to his foot, which temporarily
incapacitated him for field duty and rendered him non-combat ready.  The
FSM's records were not annotated, as required by regulation to show that he
was wounded in action as is now alleged by the applicant, the FSM's widow.

4.  A review of the FSM's battalion's staff duty journal was conducted to
determine if any information was available to indicate he had been wounded
in action as now alleged.  The staff duty journal revealed that thirty-
three Soldiers had been wounded on 13 December 1968; however, there was no
by-name listing available to screen and to determine if the FSM was one of
those Soldiers.

5.  A screen of morning reports was also conducted to determine if the FSM
was one of the Soldiers who had been wounded in action on 13 December 1968.
There was no entry found to show the FSM was wounded in action in the month
of December 1968.  Only one entry was found in morning reports specifically
naming the FSM.  This entry was dated 1 December 1968 when he was promoted
to the rank/pay grade, Specialist Four/E-4.

6.  It was noted by the Board that the FSM was a combat medic, in Vietnam,
assigned to an infantry unit.  In this capacity, he knew, or should have
known, the requirements for award of the Purple Heart and the
responsibilities that a medic had with regards to the processing of awards
of the Purple Heart and the reporting of wounds sustained by Soldiers.  It
was also noted by the Board that the FSM earned a number of other awards
and it is apparent that he ensured that they were documented, although some
incorrectly, on his DD Form 214, on his separation date.  It is therefore
logical that if the FSM believed he was entitled to award of the Purple
Heart, he would have applied for this award and to have his records
corrected to show this award while he was alive.

7.  Based on the evidence, the FSM is not entitled to award of the Purple
Heart and to have it added to his DD Form 214.

8.  The FSM was awarded three Bronze Star Medals.  One Bronze Star Medal
for heroism, one for achievement, and one for service.  Only one Bronze
Star Medal is shown on his DD Form 214.  The entry should appropriately
read, the Bronze Star Medal, with two oak leaf clusters, and with "V"
Device.  It would be appropriate to correct this award on the FSM's DD Form
214 at this time.

9.  The FSM's DD Form 214 shows he received the Army Commendation Medal.
This award is incorrectly shown on the FSM's DD Form 214.  He was awarded
the Army Commendation Medal for heroism; therefore, it should correctly be
shown on his DD Form 214 as the Army Commendation Medal, with "V" Device.

10.  The FSM's DD Form 214 shows he received the "Viet Nam Gallantry
Cross." This entry is incorrect.  The FSM was awarded the Republic of
Vietnam Gallantry Cross, with Bronze Star (an individual award, not to be
confused with a unit award), and should be correctly shown on his DD Form
214.

11.  The FSM served in four campaigns while he served in Vietnam.  He is
therefore entitled to award of four bronze service stars to be affixed to
his already-awarded Vietnam Service Medal and to have these service stars
added to his DD Form 214.

12.  The FSM served in a unit, which was awarded the Republic of Vietnam
Gallantry Cross, with Palm, Unit Citation, and the Republic of Vietnam
Civil Actions Honor Medal, First Class, Unit Citation, while he was a
member of the unit.  These unit awards are not shown on his DD Form 214.
He is entitled to these unit awards and to have them added to his DD Form
214 at this time.

13.  The FSM served in Vietnam for 10 months, counting the month of arrival
and the month of departure from Vietnam.  He is therefore entitled to award
of one overseas service bar and to have this bar added to his DD Form 214.

14.  Evidence shows that the FSM's records contain administrative error
which does not require action by the Board.  Therefore, administrative
correction of the FSM's records will be accomplished by the Case Management
Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in
paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___SLP__  __RML__  _JGH ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board determined that administrative error in the FSM's records
should be corrected.  Therefore, the Board requests that the CMSD-St.
Louis administratively correct the records of the individual concerned
by:

      a.  deleting the Bronze Star Medal, the Army Commendation Medal,
the Viet Nam Cross of Gallantry, and the Vietnam Service Medal from the
FSM's DD Form 214;

      b.  awarding the FSM the Vietnam Service Medal, with four bronze
service stars; and one overseas service bar, and adding these awards 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.  correctly adding the already-awarded Bronze Star Medal, with two
oak leaf clusters, and with "V" Device; the Army Commendation Medal, with
"V" Device; and the Republic of Vietnam Gallantry Cross, with Bronze Star
(an individual award as opposed to a unit award), to the FSM's DD Form 214.




                                  _____Shirley L. Powell________
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20060001212                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060815                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY WITH NOTE                          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.   61                 |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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