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ARMY | BCMR | CY2006 | 20060002951C070205
Original file (20060002951C070205.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        31 August 2006
      DOCKET NUMBER:  AR20060002951


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Ms. Karmin S. Jenkins             |     |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 that the records of her deceased husband, a
former service member (FSM) be corrected to reflect his award of the Purple
Heart and two awards of the Bronze Star Medal.

2.  The applicant states that her husband was awarded the Purple Heart and
two Bronze Star Medals and she would like to have them documented in his
records.

3.  The applicant provides a death certificate of the FSM, a DD Form 1577
(Authorization for Issuance of Awards), and three unofficial photo-copies
of Certificates of Appreciation.

CONSIDERATION OF EVIDENCE:

1.  The FSM enlisted on 10 April 1952 for a period of 3 years.  He
completed his training as a cook and was transferred to Japan on 2 October
1952.  He was promoted to the pay grade of E-4 on 7 April 1954 and departed
Japan on 11 October 1954 for assignment to California.

2.  He remained on active duty through a series of continuous reenlistments
and was promoted to the pay grade of E-6 on 16 August 1968.  He served in
Korea as a cook from 19 July 1957 to 18 October 1958, in Germany from 1
June 1961 to 11 May 1965, in Vietnam from 20 January 1968 to 19 January
1969 and in Hawaii from 20 February 1969 to 1 December 1971.

3.  On 30 April 1972, he was honorably released from active duty (REFRAD)
and was transferred to the United States Army Reserve Control Group
(Retired) in the pay grade of E-6, effective 1 May 1972.  He had served 20
years and 22 days of total active service and his DD Form 214 issued at the
time of his REFRAD shows he was awarded the National Defense Service Medal
with one oak leaf cluster, the Good Conduct Medal (fourth award), the
Meritorious Unit Emblem, the United Nations Service Medal, the Vietnam
Service Medal (VSM) and the Republic of Vietnam Campaign Medal.

4.  A review of the FSM’s official records fails to show that he was ever
awarded any individual decorations during his career.

5.  On 11 June 1993, the Army Reserve Personnel Center issued a DA Form
1577 authorizing the issuance of the Korean Service Medal with three bronze
service stars, the VSM with one silver service star and the Marksman
Marksmanship Badge with Rifle Bar.  Additionally, he was informed that he
was authorized the Republic of Korea Presidential Unit Citation (ROKPUC).
However, those awards were never added to his DD Form 214.

6.  The unofficial photocopies of the Certificates of Achievement provided
by the applicant indicates that the FSM was awarded the The Vietnamese
Presidential Citation for valor, the Bronze Star Medal for Valor on 23
February 1968, the Presidential Citation and BSM on 23 July 1968 and the
Army Commendation Medal (ARCOM) for valor on 12 September 1968.  The
Certificates are not official and appear on the surface to have been
altered.  Additionally, those documents are not present in the FSM’s
official records nor is the FSM’s name indicated on the Vietnam Casualty
Listing.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Purple Heart is awarded for a wound sustained while in action
against an enemy or 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.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register-Vietnam Era) was published to assist
commanders and personnel officers in determining or establishing the
eligibility of individual members for campaign participation credit,
assault landing credit, and unit citation badges awarded during the Vietnam
Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet
indicates that subsequent to the applicant’s departure from Vietnam, his
unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC
w/Palm) Unit Citation.

9.  Army Human Resources Command Message (Date Time Group 9 February 2004)
published implementing instructions for award of the Korea Defense Service
Medal KDSM).  This message specified criteria for the award of the Korea
Defense Service Medal as follows:  a) service members of the armed forces
must have served in support of the defense of the Republic of Korea from 28
July 1954 through a future date to be determined by the Secretary of
Defense;  b) the area of eligibility encompasses all land area of the
Republic of Korea, and the contiguous water out to 12 nautical miles, and
all air spaces above the land and water areas;  c) service members must
have been mobilized with units or assigned or attached to units operating
in the area of eligibility and have been physically deployed in the area of
eligibility for 30 consecutive or 60 non-consecutive days.


DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the FSM was awarded the Purple Heart
and two BSMs had been noted.  However, the evidence she has submitted in
support of her application is not sufficient to establish that those awards
were in fact awarded to the FSM.  The evidence submitted in the form of
Certificates of Achievement  are not authenticated by any officials and
therefore are not acceptable as absolute proof that he was awarded those
awards or that he was in fact wounded as a result of enemy action.

2.  Therefore, lacking more substantial and official documents to verify
the FSM’s entitlement to those awards, there appears to be no basis to add
the awards of the Purple Heart and two BSMs to the FSM’s records.

3.  However, the evidence of record does establish that the FSM is entitled
to be awarded the KDSM and to have his records corrected to show awards of
the RVNGC w/Palm Unit Citation, one silver service star for wear on his
already awarded VSM, the ROKPUC, and the Marksman Marksmanship Badge with
rifle bar.

4.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’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

__JCD__  _WDP____  __KSJ__  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 records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned by awarding him the KDSM and by showing that he was awarded the
RVNGC w/Palm Unit Citation, the ROKPUC, the Marksman Marksmanship Rifle
Badge with rifle bar and one silver service star for wear on his already
awarded VSM.




                                  ____William D. Powers____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002951                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060831                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY W/NOTE)                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |61/PH                                   |
|1.107.0015              |                                        |
|2.107.0014              |60/BSM                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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