IN THE CASE OF:	

		BOARD DATE:	  7 October 2008

		DOCKET NUMBER:  AR20080013062 


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 her deceased husband, a former service member (FSM), be awarded the Purple Heart.

2.  The applicant states that the FSM suffered wounds during combat operations in the Republic of Vietnam.

3.  The applicant provided a copy of the FSM's Certificate of Death, dated 11 May 2005; and a copy of her marriage license, dated 22 April 1971, in support of her application.

CONSIDERATION OF EVIDENCE:

1.  The FSM's records show he was inducted into the Army of the United States on 15 September 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was honorably separated and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) on 16 June 1969.  The highest rank he attained during his military service was specialist four (SP4)/E-4.  His records also show he was awarded MOS 76Y (Unit Supply Specialist). 

2.  The FSM’s records show he served in the Republic of Vietnam during the period 10 March 1968 to 6 June 1968.  He was assigned to Company A, 1st Battalion, 5th Infantry, 25th Infantry Division (Light). 

3.  Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the FSM’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with one bronze service star, the Vietnam Campaign Medal, the Combat Infantryman Badge, and the Bronze Star Medal.  Item 24 does not show award of the Purple Heart.

4.  Item 40 (Wounds) of the FSM’s DA Form 20 (Enlisted Qualification Record) shows the entry “MFW: ENTIRE BODY, 19 MAY 68" indicating that the FSM suffered multiple fragment wounds to his entire body on 19 May 1968.

5.  Item 38 (Record of Assignments) of the FSM's DA Form 20 shows that he was a patient at the 106th General Hospital in the Republic of Vietnam and that on 6 June 1968 he was transferred to William Beaumont General Hospital at Fort Bliss, Texas.  

6.  The FSM's Standard Form 88 (Report of Medical Examination), dated 2 June 1969, shows the FSM suffered multiple shrapnel wounds to his right lower leg and foot, right arm, and left leg and buttocks. 

7.  The FSM's name is not shown on the Vietnam Casualty Roster and his records do not contain General Orders that show he was awarded the Purple Heart.

8.  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 award of the Purple Heart orders on file for the FSM.

9.  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 by medical personnel, and the medical treatment must have been made a matter of official record.  This regulation further states that there is no time limit on submission of requests for award of the Purple Heart.

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


11.  Headquarters, 25th Infantry Division, General Orders Number 8690, dated
6 December 1968, show the FSM was awarded the Bronze Star Medal with "V" Device (First Oak Leaf Cluster) for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 19 May 1968.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 1st Battalion, 5th Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation (1 January 1966 to 31 August 1968) based on Department of the Army General Orders Number 48, dated 1971, and the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation (1 January 1966 to 21 January 1970), based on Department of the Army General Orders Number 9, dated 1979, which amended Department of the Army General Orders Number 51, dated 1971.

13.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the FSM's DD Form 214 shows he was awarded the Vietnam Service Medal.

14.  Appendix B of Army Regulation 600-8-22 shows that the FSM participated in the Tet Counteroffensive and the Vietnam Counteroffensive, Phase IV 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.

15.  Headquarters, U.S. Army Training Center (Armor), Fort Knox, Kentucky, Special Orders Number 317, dated 13 November 1967; show that the FSM was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar   (M-14).

16.  Headquarters, 3rd Training Brigade, Fort Jackson, South Carolina, Special Orders Number 18, dated 29 January 1968, show that the FSM was awarded the Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60). 

17.  A review of the FSM's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal.  Additionally, Item 38 of the FSM's DA Form 2-1 shows he received "Excellent" conduct and efficiency ratings throughout his military service.

18.  Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified 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.  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 are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the FSM sustained multiple fragment wounds to his body on 19 May 1968 during combat operations in the Republic of Vietnam; that he was treated by military medical personnel; and that his treatment was made a matter of official record.  Therefore, there is sufficient evidence to show that he is entitled to award of the Purple Heart and correction of his records to show this award.

2.  General Orders show the FSM was awarded the Bronze Star Medal with "V" Device (First Oak Leaf Cluster) for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 19 May 1968, which is not shown on his records.  Therefore, he is entitled to have his records corrected to show this award.

3.  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 unit Citation which are not shown on his records.  Therefore, he is entitled to have his records corrected to show these unit awards.

4.  Special Orders show that the FSM was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60).  Therefore, he is entitled to correction of his records to show these awards.

5.  The evidence of record shows the FSM was awarded the Vietnam Service Medal.  Additionally, records show the FSM participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

6.  The evidence of record confirms that the FSM served honorably during the period 15 September 1967 to 16 June 1969.  He served in the Republic of Vietnam and was awarded the Bronze Star Medal with "V" Device (First Oak Leaf Cluster) and the Combat Infantryman Badge.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the FSM the first award of the Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.
BOARD VOTE:

___X____  ___X____  ___X____  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 individual concerned be corrected by:

	a.  awarding the FSM the Purple Heart for wounds received in action on 18 May 1968 in the Republic of Vietnam;

	b.  awarding the FSM the Good Conduct Medal (Fist Award) for exemplary behavior, efficiency, and fidelity during the period 15 September 1967 to 16 June 1969; 

   c.  deleting the entry "Vietnam Service Medal with one bronze service star" and the entry "Bronze Star Medal"; and

	d.  showing award of the Purple Heart, the Bronze Star Medal with "V" Device (First Oak Leaf Cluster), the Good Conduct Medal (First Award), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), the Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, and the Vietnam Service Medal with two bronze service stars.



      __________X____________
               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)                                         AR20080013062



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ABCMR Record of Proceedings (cont)                                         AR20080013062



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