RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 July 2007
	DOCKET NUMBER:  AR20060016653 


	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.


Mrs. Catrerine C. Mitrano 

Director

Mr. G. E. Vandenberg

Analyst

The following members, a quorum, were present:


Ms. Kathleen A. Newman

Chairperson

Ms. Susan A. Powers

Member

Mr. Edward E. Montgomery

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 his deceased father be awarded the Purple Heart. 

2.  The applicant states, in effect, that although his father was killed in action and his mother received the award certificate for the Purple Heart, current records do not reflect this award and several other awards.  He requests that the correction be made to his father's records.

3.  The applicant provides copies of a newspaper article, a DD Form 1300 (Report of Casualty), a National Personnel Records Center awards entitlement letter, and a personal statement.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 6 May 1971, the last date of official action following the FSM's death. The application submitted in this case is dated 15 November 2006.

2.  The records show the former service member (FSM) entered active duty on 2 June 1968, completed training, and was awarded the military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  He served in Vietnam with Company B, 5th Battalion, 46th Infantry Regiment from 19 November 1968 through the date of his death on 31 August 1969.

4.  A DD Form 1300, dated 16 September 1969, indicates the applicant was killed in action on 31 August 1969.

5.  On 4 December 1969, the FSM's widow was notified that the Department of the Army had posthumously awarded the FSM the Bronze Star Medal, the Purple Heart, and the Good Conduct Medal.

6.  On 6 May 1971, the FSM's widow was notified that the government of the Republic of Vietnam had posthumously awarded the FSM the Military Merit Medal and the Republic of Vietnam Gallantry Cross with Palm (personal award).

7.  The DA Form 20 (Enlisted Qualification Record) lists the FSM's awards as the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with 1960 Device, the Combat Infantryman Badge, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (for the M-14 rifle) and the Marksman Marksmanship Qualification Badge (for the M-16 rifle).
8.  The newspaper article includes a picture of the Bronze Star Medal and Purple Heart award certificates and lists the FSM's awards as the Bronze Star Medal, the Purple Heart, the National Defense Service Medal, the Combat Infantryman Badge, and two marksmanship badges.

9.  A 30 October 2006 letter from the National Personnel Records Center to the applicant indicates the FSM's verified awards are the Bronze Star Medal, the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Ribbon with "1960" Device.

10.  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 unit, to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 15 December 1969 to 10 October 1970 by Department of the Army General Order Number 52, dated 1971.

11.  Army Regulation 600-8-22 (Military Awards) authorizes a bronze service star, based on qualifying service, for each designated campaign period listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal.  A silver service star is authorized in lieu of five bronze service stars.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he served during the following three campaign periods: the Counteroffensive Phase VI, 2 November 1968 - 22 February 1969; the Tet 69 Counteroffensive, 23 February 1969 – 8 June 1969; and the Vietnam Summer-Fall 1969, 9 June 1969 - 31 October 1969.

DISCUSSION AND CONCLUSIONS:

1.  Due to the death of the FSM, his records were closed out and several entries appear not to have been made in all of the necessary locations to show all of the awards the FSM was authorized.  It is therefore appropriate to correct the FSM’s records to show that:

a.  he served during three campaign periods and is authorized three bronze service stars to be worn on the Vietnam Service Medal; and  

b.  he was awarded the Republic of Vietnam Gallantry Cross with Palm, as a personal award, as well as the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 
2.  It would also be appropriate to issue the applicant the appropriate document showing the FSM is authorized the following awards:  the Bronze Star Medal, the Purple Heart, the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Campaign Medal with "1960" Device, the Republic of Vietnam Gallantry Cross with Palm, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Combat Infantryman Badge, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar.

BOARD VOTE:

__EEM__  __SAP__  __KAN__  GRANT FULL 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 FSM be corrected and that the individual concerned be issued the appropriate document showing the FSM is authorized 
award of the Bronze Star Medal, the Purple Heart, the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Campaign Medal with "1960" device, the Republic of Vietnam Gallantry Cross with Palm, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Combat Infantryman Badge, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar.




_ _Kathleen A. Newman_
          CHAIRPERSON


INDEX

CASE ID
AR20060016653
SUFFIX

RECON
 
DATE BOARDED
20070710 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.