RECORD OF PROCEEDINGS


	IN THE CASE OF:	  

	
	BOARD DATE:	  22 March 2007
	DOCKET NUMBER:  AR20060012204 


	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.


	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, in effect, that the records of his late brother, a deceased former service member (FSM), be corrected to show his entitlement of the Purple Heart (PH) and to show that his rank was specialist four (SP4).

2.  The applicant states, in effect, that the FSM was injured in the Republic of Vietnam (RVN) on 6 April 1971, which qualified him to receive the PH.  He also states that he personally remembers his brother receiving a promotion at the Great Lakes Naval Center prior to his discharge from the hospital and his retirement from the Army.  

3.  The applicant provides the following documents in support of his application:  Self-Authored Statement; Separation Document (DD Form 214); Western Union Telegram; Medical Board Report; Physical Evaluation Board (PEB) Proceedings; Request for Information (FCUSA Form 20-7); Certificate of Death showing the FSM expired on 3 March 2005; and Court Document “Letters of Office – Decedent’s Estate".

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 1 September 1971.  The application submitted in this case is dated 11 August 2006.

2.  The FSM’s record shows that he was inducted into the Army of the United States and entered active duty on 10 June 1970.  He was trained in, awarded and served in military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The FSM’s Enlisted Qualification Record (DA Form 20) shows, in Item 31 (Foreign Service), that he served in the RVN from 12 November 1970 to 14 April 1971.  Item 33 (Appointments and Reductions) shows that he was promoted to the rank of private first class (PFC/E-3) on 10 November 1970, and this was the highest grade he held on active duty.

4.  Item 40 (Wounds) of the FSM’s DA Form 20 contains an entry that shows he suffered multiple fragment wounds to his head, right hand, right thigh, and a penetrating wound to his head on 6 April 1971.  Item 38 (Record of Assignments) shows that he was medically evacuated from the RVN to the Naval Hospital at Great Lakes, Illinois, on 14 May 1971.

5.  On 28 June 1971, a PEB determined that the FSM was unfit for duty and recommended he be placed on the temporary disability retired list (TDRL) with a combined rating of 80 percent based his disability.  

6.  On 15 July the United States Army Physical Review Council modified the PEB’s recommendation and recommended that the FSM be permanently retired from active duty with a combined rating of 80 percent.

7.  The Military Personnel Records Jacket (MPRJ) contains Headquarters, United States Army Training Center, Infantry and Polk Special Orders 269 dated 
2 October 1970.  These orders include an entry showing the FSM qualified “expert” with the .45 Caliber Pistol and “marksman” with the M79 Grenade Launcher.

8.  On 24 August 1971, a Data for Retired Pay (DA Form 3713) was completed on the FSM.  This document confirms that the FSM’s rank at that time was PFC and that this was the highest rank he attained.  There are no orders or any other documents in the FSM’s MPRJ that show he was ever promoted to SP4.

9.  On 1 September 1971, the FSM was honorably retired from active duty by reason of “physical disability”.  The DD Form 214 issued at that time shows he held the rank of PFC and that he completed 1 year, 2 months, and 22 days of active military service.

10.  The FSM's DD Form 214 also shows, in Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), that he earned the following awards during his active duty tenure:  National Defense Service Medal; Vietnam Service Medal; Vietnam Campaign Medal; Combat Infantryman Badge; Overseas Service Bar; Marksman Marksmanship Qualification Badge with Rifle Bar; and the Sharpshooter Qualification Badge with Machine Gun Bar.  The PH is not included in the list of awards.

11.  During the processing of this case, a staff member of the Board contacted the Defense Finance and Accounting Service to ascertain the rank upon which the FSM's retired pay was based.  DFAS records show the FSM was receiving retired pay based on the retired grade of PFC.  

12.  The applicant provides a Western Union Telegram, Medical Board Report, and a PEB proceeding, which all show the FSM sustained a penetrating wound to his head and wounds to his head, right hand and right thigh while serving in the RVN on 6 April 1971.  He also provides a DA Form 20-74, dated 27 September 1971, which shows a request for verification of the FSM's promotion to SP4 was made to The Adjutant General on 9 July 1971.

13.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that the PH is awarded to any member who has been wounded or killed in action. In order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made was received as a direct result, or was caused by enemy action, that it required medical treatment, and a record of that treatment was made a matter of official record.

14.  Paragraph 2-13 of the awards regulation contains guidance on award of the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating while serving in the RVN.  Table B-1 contains a list of RVN campaigns.  It shows that during the applicant's tenure of assignment in the RVN, campaign credit was granted for the Vietnam Counteroffensive Phase VII campaign.

15.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim that the FSM was wounded in combat while serving in the RVN on 6 April 1970, is corroborated by the Western Union Telegram, Medical Board Report, and PEB Proceedings provided, and is further supported by the entries in Item 38 and 40 of the FSM's DA Form 20, which show that the FSM received fragmentation wounds to the head, hand, thigh and a penetrating wound to the head in the RVN on 6 April 1971, and that he was medically evacuated from the RVN to the Naval Hospital in Great Lakes, Illinois, as a result of being wounded in action in the RVN.

2.  The Western Union Telegram, Medical Board Report, and the PEB proceedings all specifically detail how the FSM’S wounds were sustained in action while serving in the RVN, and that as a result of these wounds he was ultimately medically retired from the Army.  Therefore, the regulatory requirement necessary to support award of the PH has been satisfied in this case, and it would be appropriate to correct the record of the FSM to show his entitlement to the PH at this time.  
3.  The record also confirms that based on his service and campaign participation in the RVN, the FSM is entitled to the RVN Gallantry Cross with Palm Unit Citation and 1 bronze service star with his VSM.  In addition, his record shows he is entitled to the Expert Marksmanship Qualification Badge with Pistol Bar and Marksman Marksmanship Qualification Badge with Grenade Launcher Bar.  Therefore, it would also be appropriate to add these awards to his record at this time. 

4.  The evidence of record also confirms that the FSM held the rank of PFC at the time of his retirement from active duty, as evidenced by the DA Form 3713 completed during his retirement processing and DFAS pay records that confirm the FSM was receiving retired pay based on the grade PFC.  Further, the FSM’s separation document accurately shows he was separated in the rank of PFC and the FSM authenticated this document with his signature on the date of his separation.  Therefore, there is an insufficient evidentiary basis to support a change in his rank to SP4 at this time. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___LDS _  __JTM __  __RSV__  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 awarding the FSM the Purple Heart; by showing his entitlement to the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with Pistol Bar, Marksman Marksmanship Qualification Badge with Grenade Launcher Bar and 1 bronze service star with his Vietnam Service Medal; and by providing a correction to his separation document that includes these changes.  

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 correcting the record to show the FSM held the rank of specialist four.  




_____Linda D. Simmons___
          CHAIRPERSON




INDEX

CASE ID
AR20060012204
SUFFIX

RECON
NO
DATE BOARDED
2007/03/22
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
1971/09/01
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON
Physical Disability
BOARD DECISION
GRANT PARTIAL
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
107.000 – 129.0000
2.

3.

4.

5.

6.