IN THE CASE OF:	  

		BOARD DATE:	  	   28 May 2009

		DOCKET NUMBER:  AR20090004873 


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, the son of a deceased former service member (FSM), requests correction of his late father's record to show award of the Purple Heart and Bronze Star Medal.

2.  The applicant states, in effect, the FSM was shot in the leg while on active duty in the Republic of Vietnam (RVN) in 1966.  He also states, in effect, that as a child he remembers seeing the FSM's Purple Heart and Bronze Star Medal but upon the FSM's death they were not in his possession.  He concludes by stating, in effect, that when he applied for the FSM's death benefits he noticed that these awards were not listed on the FSM's DD Form 214 ( Armed Forces of the United States Report of Transfer or Discharge).   

3.  The applicant submitted a copy of the FSM's DD Form 214 in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The FSM's record shows he enlisted in the Regular Army 14 September 1965. He completed basic combat training and advanced individual training and was awarded the military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank he attained while serving on active duty was private first class (E-3).


2.  The FSM's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 23 February 1966 through 15 April 1967, performing duties in MOS 11B.  During his RVN tour, he was assigned to the 4th Battalion, 9th Infantry Regiment, 25th Infantry Division.

3.  Section 40 (Wounds) of the FSM's DA Form 20 shows that he received a gunshot wound to his right thigh on 8 August 1966.

4.  Section 41 (Awards and Decorations) of the FSM's DA Form 20 shows he earned the following awards during his active duty tenure:  the National Defense Service Medal, the Vietnam Service Medal, the Combat Infantryman Badge, the Republic of Vietnam Campaign Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  The FSM's official record contains a copy of General Orders Number 42, 3rd Field Hospital, APO 96307, dated 12 August 1966, which show that he was awarded the Purple Heart for wounds he received on 8 August 1966, in connection with military operations against a hostile force.

6.  On 24 January 1968, the applicant was discharged after completing a total of 2 years and 5 days of active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Combat Infantryman Badge, the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained 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 military medical personnel, and the medical treatment must have been made a matter of official record.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  


9.  A review of the applicant’s record indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

10.  Appendix B of Army Regulation 600-8-22 lists the campaigns for the Vietnam Conflict which indicates that the applicant participated in four campaigns during his service in Vietnam.  This appendix shows by his dates of service that the applicant participated in the Vietnam Counteroffensive, the Vietnam Counteroffensive Phase II, the Vietnam Counteroffensive Phase III and the Tet Counteroffensive Campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

11.  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 pamphlet shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation from April 1966 through August 1968 by Department of the Army General Orders Number 48, dated 1971; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation from 30 April 1966 through 
21 January 1970 by Department of the Army General Orders Number 51, dated 1971.

12.  Special Orders Number 1, 3rd Training Brigade (Infantry), Fort Gordon, GA dated 3 January 1966, show that the FSM was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his late father is entitled to correction of his record to show award of the Purple Heart and the Bronze Star Medal have been carefully considered and found to have partial merit.

2.  The evidence of record shows the FSM received a gunshot wound while serving in the RVN.  Item 40 of the FSM’s DA Form 20 shows he was wounded on 8 August 1966.  Orders were issued awarding him the Purple Heart.  Therefore, his records should be corrected to show award of the Purple Heart.

3.  Unfortunately, there is no evidence of record to show that the FSM was awarded the Bronze Star Medal.  Therefore, there is insufficient evidence on which to base adding it to his DD Form 214.

4.  Records show that the FSM participated in four campaigns during his service in the Republic of Vietnam.  Therefore, he is eligible for award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  General Orders show that the 4rd Battalion, 9rd Infantry Regiment, 25th Infantry Division was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while the FSM was assigned to this unit, which are not shown on his separation document.  Therefore, he is entitled to correction of his records to show these unit awards.

6.  Special orders show the FSM was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to have his record corrected to show this award.

7.  The FSM's DA Form 20 shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to have his record corrected to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  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 amending his DD Form 214 to add the Purple Heart, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and to add four bronze service stars to his already-awarded Vietnam Service Medal.


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 award Bronze Star Medal.



      		___________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)                                         AR20090004873



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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