RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	20 December 2007  
	DOCKET NUMBER:  AR20070008609 


	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.


Ms. Catherine C. Mitrano

Director

Ms. Judy Blanchard

Analyst

The following members, a quorum, were present:


Mr. Richard T. Dunbar

Chairperson

Ms. Jeanette McCants

Member

Mr. Jerome L. Pionk

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 spouse of a deceased Vietnam Soldier, a former service member (FSM), requests, in effect, that her husband be awarded the Combat Infantryman Badge, the Purple Heart Medal, the Vietnam Campaign Medal with Device 60, the Overseas Service Bar, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm the Unit Citation, the Bronze Star Medal, and the Vietnam Civil Actions Honor Medal First Class Unit Citation. 

2.  The applicant states, in effect, that she believes that the FSM’s record is in error or unjust because the nature of the mission things would become chaotic and a lot of administrative actions were not taking place.  It was always the mission first and personnel last.

3.  The applicant provides a true copy of a State of New Hampshire Certificate of Marriage.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The FSM's military records were lost or destroyed in the National Personnel Records Center Fire of 1973.  Information herein was obtained from reconstructed service records and information obtained from alternate sources.

3.  Records available to the Board show the FSM enlisted in the Regular Army on 21 December 1967, for a period of 3 years.  He was trained in, awarded, and served in military occupational specialty (MOS) 11B (Light Weapons Infantryman).  On 31 October 1968, the FSM was awarded the Ranger Tab after completing the Ranger Course.  The FSM’s DA Form 20 (Enlisted Qualification Record) also shows that he completed the Basic Airborne Course at Fort 
Benning Georgia and was awarded the Parachutist Badge.  On 28 December 1968, the FSM and the applicant were married.  On 6 January 1969, the FSM departed the continental United States for assignment to the Republic of Vietnam.  He was initially assigned to Company E (LRP) [Long Range Patrol], 20th Infantry (Airborne) on 16 January 1969.  He was subsequently assigned to  Company C, 75th Infantry Regiment (Ranger), 173 Division Airborne Battalion on 22 February 1969.

4.  On 6 July 1969, the FSM was killed in action.  The Report of Casualty also shows that at the time of his death, the FSM was serving in the rank of Staff Sergeant. 

5.  Western Union Telegrams, dated 11 July and 12 July 1969, notified the FSM’s mother and a friend that the FSM was killed in action in the Republic of Vietnam on 6 July 1969.  It also stated that the FSM was killed in action in Vietnam while on a reconnaissance mission when he was mistaken for hostile force and fired upon by friendly forces.  There is no evidence that a telegram was sent to the applicant.

6.  A letter from Headquarters Department of the Army Office of the Adjutant General Washington D.C. dated 11 September 1969, shows that the FSM was awarded the Purple Heart, the Good Conduct Medal, and the Combat Infantryman Badge posthumously and prior to his death, he had been awarded the Purple Heart Medal, the National Defense Service Medal, the Vietnam Service Medal with bronze service star, the Vietnam Campaign Ribbon, the Parachutist Badge, and the Sharpshooter Badge with machine gun and automatic rifle bars.  On 24 July 1970, a letter from the Adjutant General stated that the FSM was awarded the Military Merit Medal and the Gallantry Cross with Palm from the Government of the Republic of Vietnam.   

7.  There is no evidence that the FSM was awarded the Overseas Service Bar, the Valorous Unit Award, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for his service in Vietnam.

8.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides, in pertinent part:

a.  The Good Conduct Medal (GCMDL) is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  During the Vietnam War, AR 672-5-1 (Awards), in effect at the time, provided that the Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" were not disqualifying.

	b.  The Purple Heart was established by General George Washington at Newburgh, New York on 7 August 1782 during the Revolutionary War.  It was reestablished by the President of the United States per War Department General Orders Number 3 in 1932.  It is awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action.  Substantiating evidence must be provided to verify that:  (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.

	c.  The Department of Defense Appropriations Act for Fiscal Year 1994 amended the rules governing award of the Purple Heart.  While the original rules established that the Purple Heart would be awarded to individuals killed or 
wounded as a result of hostile action, the amendment enabled Service Secretaries to award the Purple Heart to members of the Armed Forces who were killed or wounded in action by weapon fire, while directly engaged in armed conflict, other than as the result of an act of an enemy of the United States.  This ruling, in effect, granted the Service Secretaries the authority to award the Purple Heart to individuals directly engaged in armed conflict that were killed or wounded as a result of (Friendly Fire).

	d.  The Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The Awards Branch of the U.S. Army Human Resources Command (formerly 
known as the Total Army Personnel Command) has advised, in similar cases, that during the Vietnam era, the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.

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 FSM was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 43, dated 1969; and the Republic of the Vietnam Civil Actions Honor Medal First Class Unit Citation, based on Department of the Army General Orders Number 48, dated 1970.

11.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal (VCM).  The Government of Vietnam awarded this medal to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or service outside the geographical limits of the Republic of Vietnam that contributed direct combat support to the Republic of Vietnam and its Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

12.  Army Regulation 600-8-22 as amended provides that the National Defense Service Medal is awarded for honorable active service for any period between
27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.  

13.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of the basic Parachutist Badge.  Award of the Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School, or have participated in at least one combat parachute jump.

14.  Army Regulation 600-8-22, in pertinent part, sets forth the requirements for award of the Ranger Tab.  The Ranger Tab is awarded for successful completion of a Ranger Course conducted by the U.S. Army Infantry School or the Ranger Training Command or award of the Combat Infantryman Badge while serving as a member of a Ranger Battalion.

15.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Valorous Unit Award (VUA) to units of the Armed Forces of the United States for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963.  This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation.  Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict.  The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual.

16.  Army Regulation 600-8-22, in pertinent part, states that effective 1 March 1961 the Military Merit Medal was authorized for units and/or detachments of the Armed Forces of the United States who distinguish themselves by outstanding meritorious achievement or service in a non-combat area.  

17.  For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as a whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests in effect, awards and decorations that the FSM is entitled to for his service in Vietnam. 

2.  The evidence of record shows that the FSM was awarded posthumously, the Purple Heart Medal, the Good Conduct Medal, and the Combat Infantryman Badge, and prior to his death, he was awarded the second Purple Heart Medal, the National Defense Service Medal, the Vietnam Service Medal with one bronze service star, the Vietnam Campaign Medal, the Parachutist Badge, and the Sharpshooter Badge with machine gun and automatic rifle bars.  On 24 July 1970, the FSM was awarded posthumously the Military Merit Medal and the 
Gallantry Cross with Palm Unit Citation from the Government of the Republic of Vietnam.  Therefore, the FSM's records should be corrected to show these awards.

3.  The evidence of record shows that the FSM was assigned to a unit that was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, the FSM’s records should be corrected to show this award.

4.  The evidence of record shows that the FSM served in the Republic of Vietnam from 16 January to 6 July 1969, which meets the qualification for award of one Overseas Service Bar.  Therefore, the FSM's records should be corrected to show this award.

5.  The evidence of record shows that the FSM completed the Ranger course at Fort Benning, Georgia on 31 October 1968, and was awarded the Ranger Tab. Therefore, the FSM’s records should be corrected to show this award.

6.  There is no evidence that his unit was awarded the Valorous Unit Award.  Therefore, the FSM is not entitled to this award.  

7.  In view of the foregoing, the FSM’s record should be corrected as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___JP___  __JM____  __RTD__  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 
issuing an appropriate document or directive showing the FSM was authorized the following awards:  the Purple Heart Medal with Oak Leaf Cluster, Good Conduct Medal, Military Merit Medal, Nation Defense Service Medal, Combat Infantryman Badge, Parachutist Badge, Sharpshooter Marksmanship Qualification Badge with Machinegun and Automatic Rifle Bars, Vietnam Service Medal with one bronze service star, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, one Overseas Service Bar, and the Ranger Tab.  

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 the Valorous Unit Award.

3.  The Board wants the applicant and all others concerned to know that the ultimate sacrifice made by the FSM in service to the United States during the Vietnam War is not forgotten.  The applicant and all Americans should be justifiably proud of his service in arms.




	_____Richard T. Dunbar____
          		CHAIRPERSON




INDEX

CASE ID
AR20070008609
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20071220
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT PARTIAL
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.