RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 February 2007
	DOCKET NUMBER:  AR20060010432 


	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.


x

	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 that her husband’s records be corrected to show award of the Purple Heart for wounds he received during action in Vietnam.

2.  The applicant states that the FSM was wounded in Vietnam and he was not awarded the Purple Heart.  

3.  The applicant provides a copy of the FSM’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and his Certificate of Death.

CONSIDERATION OF EVIDENCE:

1.  The FSM enlisted in the Regular Army on 20 June 1966 for a period of three years.  He completed basic combat training and advanced individual training (AIT) and was awarded military occupational specialty (MOS) 67N (UH-1 Mechanic).  He was assigned to Vietnam on 7 February 1967 with the 398th Transportation Detachment as a utility helicopter mechanic.  He was also assigned to the 11th Armored Cavalry Regiment in Vietnam.  

2.  He was promoted to specialist five on 20 December 1967.  

3.  Headquarters, II Field Force Vietnam General Orders Number 1625, 
dated 6 November 1968, awarded the FSM the Air Medal (First through Second Oak Leaf Clusters) for meritorious achievement from 20 June 1968 through 14 August 1968.

4.  There are no orders in the FSM's personnel records which show he was awarded the Purple Heart.  His DA Form 20 (Enlisted Qualification Record) does not list any wounds as a result of hostile action in item 40 (Wounds).  His name is not included on the Vietnam Casualty Roster.

5.  The FSM departed Vietnam on 3 September 1968.  He was credited with participation in the Vietnam Counteroffensive Phase II Campaign, the Vietnam Counteroffensive Phase III Campaign, the Tet Counteroffensive Campaign, the Vietnam Counteroffensive Phase IV Campaign, and the Vietnam Counteroffensive Phase V Campaign.

6.  The FSM underwent a separation physical on 3 June 1969.  His Report of Medical Examination (Standard Form 88) does not indicate any injuries or wounds sustained as a result of hostile action.  
7.  The FSM was honorably released from active duty on 19 June 1969 at his expiration of term of service.  He completed 3 years of active military service with no days of lost time.  His DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Campaign Medal, and the Marksman Marksmanship Qualification Badge as authorized awards.

8.  His DA Form 20 shows he received conduct and efficiency ratings of "excellent" throughout his service.  There is no record of disciplinary actions.

9.  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 that, at the time of the FSM's assignment to the 398th Transportation Detachment, it was cited for award of the Valorous Unit Award by Headquarters, Department of the Army General Orders (DAGO) Number 28, dated 1969.

10.  Department of the Army Pamphlet 672-3 shows that, at the time of the FSM’s assignment to the 398th Transportation Detachment, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 60, dated 1969.

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

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  The regulation provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  

13.  Army Regulation 600-8-22 provides, in pertinent part, that the Aircraft Crew Member Badge may be permanently awarded for successful completion of formal AIT in career management field 67 MOSs.

14.  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.  A silver service star is authorized in lieu of five bronze service stars.

15.  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.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders which authorize award of the Purple Heart to the FSM.  His name is not listed on the Vietnam Casualty Roster.  There are no medical documents which verify that the FSM was wounded or injured as a result of hostile action.  Regrettably, there is insufficient evidence on which to base award of the Purple Heart in this case.

2.  General orders show the FSM was awarded the Air Medal (First through Second Oak Leaf Cluster), which denotes a total of three awards of the Air Medal.  Therefore, it would be appropriate to amend the FSM’s DD Form 214 to reflect the Air Medal with Numeral “3.”

3.  The evidence of record shows the FSM completed training in MOS 67N; therefore, he has met the regulatory requirements for award of the Aircraft Crew Member Badge.

4.  It appears that the FSM met the regulatory requirements for award of the Army Good Conduct Medal for a qualifying period from 20 June 1966 through 19 June 1969.   

5.  The FSM received credit for participation in five campaigns during the Vietnam War.  However, his DD Form 214 incorrectly reflects the Vietnam Service Medal with three bronze service stars.  Therefore, it would be appropriate to amend his DD Form 214 to show the Vietnam Service Medal with one silver service star (in lieu of five bronze service stars).

6.  The FSM was assigned to a unit during a period it was cited for award 
of the Valorous Unit award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, these awards should be added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

x______ x______ x______  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.  deleting the Vietnam Service Medal with three bronze service stars from his DD Form 214; 

b.  awarding him the Aircraft Crew Member Badge;

	c.  awarding him the Army Good Conduct Medal for the period 20 June 1966 through 19 June 1969; and 

	d.  adding the Army Good Conduct Medal, the Aircraft Crew Member Badge, the Air Medal with Numeral “3,” the Vietnam Service Medal with one silver service star, the Valorous Unit Award, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.

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.  




x__________
          CHAIRPERSON




INDEX

CASE ID
AR20060010432
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070213
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT PARTIAL
REVIEW AUTHORITY
Mr. Chun
ISSUES         1.
107.0015
2.

3.

4.

5.

6.