IN THE CASE OF:	  

	BOARD DATE:	  26 June 2008

	DOCKET NUMBER:  AR20080006234 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests the records of her deceased husband, a former service member (FSM), be corrected to show two awards of the Purple Heart and the Bronze Star Medal with “V” Device.

2.  The applicant states, in effect, that the awards were omitted due to an administrative oversight.  

3.  The applicant provided a copy of her Marriage Certificate, dated 25 May 1968, and a copy of the FSM’s Death Certificate, dated 9 December 2007, in support of her application.

4.  The applicant indicated that she submitted a copy of the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a copy of the Citation to accompany award of the Bronze Star Medal, and a copy of General Orders awarding the FSM the Purple Heart.  However, it was noted that none of these documents were submitted with the application.

CONSIDERATION OF EVIDENCE:

1.  The FSM’s records show that he was inducted into the Army of the United States on 6 June 1968.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 91B (Medical Specialist).  He was honorably discharged on 29 November 1969 for the purpose 

of immediate reenlistment.  His records also show that he reenlisted for a period of 3 years on 30 November 1969 and subsequently extended for a period of 2 months on 18 June 1972.  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) on
29 January 1973.

2.  The FSM’s records show that he served in the Republic of Vietnam as follows: 

      a.  from 2 June 1969 to 9 December 1969, he was assigned to Headquarters and Headquarters Company, 3rd Battalion, 12th Infantry; and  

      b.  from 10 December 1969 to 20 August 1970, he was assigned to the 418th Medical Company.

3.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the FSM's DD Form 214, dated 29 November 1969, shows he was awarded the Purple Heart, the National Defense Service Medal, and the Vietnam Service Medal.  Item 24 does not show a second award of the Purple Heart or the Bronze Star Medal with “V” Device.

4.  Item 24 of the FSM's DD Form 214, dated 29 January 1973, shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Combat Medical Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  Item 24 does not show two awards of the Purple Heart or the Bronze Star Medal with "V" Device.

5.  Item 40 (Wounds) of the FSM's DA Form 20 (Enlisted Qualification Record) shows he suffered a fragment wound to his left arm and his back on 29 October 1969.  

6.  The FSM's name is shown on the Vietnam Casualty Roster under code "23" indicating he was wounded in action and that his wounds were serious enough to require hospitalization.  There are no other entries for the FSM on the Vietnam Casualty Roster that indicate he sustained other injuries or wounds.

7.  Headquarters, 71st Evacuation Hospital, General Orders Number 244, dated 30 October 1969, show the FSM was awarded the Purple Heart for wounds received in action on 29 October 1969.  

8.  There are no medical records in the FSM's official military personnel file that show he sustained other wounds as a result of hostile action or that show he was treated for wounds sustained as a result of hostile action.

9.  The FSM’s records do not contain general orders which authorized him a second award of the Purple Heart.

10.  During the processing of this case, a member for the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any Purple Heart (1st Oak Leaf Cluster) orders on file for the FSM.

11.  Headquarters, 4th Infantry Division, General Orders Number 1291, dated 5 March 1970, show the applicant was awarded the Bronze Star Medal with "V" Device for heroism in connection with military operations against an armed hostile force in the Republic of Vietnam, on 29 October 1969. 

12.  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.

13.  Review of the FSM's records indicates his entitlement to additional awards that are not shown on his DD Form 214.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 3rd battalion, 12th Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 3, dated 1970, and the Republic of Vietnam Civil Actions Honor Medal-First Class Citation, based on Department of the Army General Orders Number 53, dated 1970.

15.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, dated 29 January 1973, shows he was awarded the Vietnam Service Medal.

16.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Tet 69 Counteroffensive, 1969; the Vietnam Summer-Fall; the Vietnam Winter-Spring; the DA Sanctuary Counteroffensive; and the Vietnam Counteroffensive, Phase VII campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign and that a silver service star denotes five bronze service stars.
17.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that for Item 24, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier’s records.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the FSM's first award of the Purple Heart, the FSM’s records show that he was wounded in the Republic of Vietnam on 29 October 1969 and was accordingly awarded the Purple Heart.  Furthermore, this award is already shown on his first DD Form 214, dated 29 November 1969.  Therefore, this award should be shown on the FSM's second DD Form 214, dated 29 January 1973.

2.  With respect to the FSM's second award of the Purple Heart, there are no general orders that show he was awarded a second award of the Purple Heart; there is no evidence in his service personnel records which shows that he was wounded or injured a second time as a result of hostile action or treated for such wounds; and the FSM's name is not listed a second time on the Vietnam Casualty Roster.  In the absence of evidence that the FSM was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base a second award of the Purple Heart in this case.

3.  General Orders awarded the FSM the Bronze Star Medal with "V" Device for heroism in connection with military operations against an armed hostile force in the Republic of Vietnam, on 29 October 1969, which is not shown on his records; therefore, he is entitled to correction of his records to show this award.

4.  General Orders awarded the FSM's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal-First Class, which are not shown on his records; therefore, he is entitled to correction of his records to show these unit awards.

5.  The evidence of record shows the FSM was awarded the Vietnam Service Medal.  Additionally, records show the FSM participated in five campaigns while serving in the Republic of Vietnam; therefore, he is entitled to award of a silver service star to be affixed to the Vietnam Service Medal.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__xxx___  __xxx___  __xxx___  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 showing award of the Purple Heart, the bronze Star Medal with "V" Device, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, and a silver service star to be affixed to his already-awarded Vietnam Service Medal, in Item 24 of the FSM's DD Form 214, dated 29 January 1973.

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 a second award of the Purple Heart.


							XXX
      _______________________
      	CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080006234



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ABCMR Record of Proceedings (cont)                                         AR20080006234



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