IN THE CASE OF:	  

		BOARD DATE:	  30 March 2010

		DOCKET NUMBER:  AR20090017665 


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, on behalf of a deceased former service member (FSM), requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the following:

	a.  Purple Heart,

	b.  Army Good Conduct Medal, and 

	c.  Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant states, in effect, she believes the FSM is entitled to the requested awards and decorations based upon his service in the Republic of Vietnam, the injuries he sustained while doing so, and his honorable service which culminated in his retirement due to permanent physical disability.

3.  The applicant provides a copy of the FSM's DD Form 214.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests favorable consideration of the applicant's request on behalf of the FSM.

2.  Counsel provides copies of the applicant's Durable Power of Attorney and the FSM's Certificate of Death as proof of her ability to make this request on the FSM's behalf.
CONSIDERATION OF EVIDENCE:

1.  The FSM's record shows he enlisted in the Regular Army on 11 October 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 94B (Cook).  At a later date, he retrained and was awarded primary MOS 45G (Turret Artillery Repairman).  The highest rank/grade he attained while serving on active duty was specialist five/
E-5.

2.  Item 31 (Foreign Service) of the FSM's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Korea from 10 May 1966 through 10 October 1966.  It also shows he served in the Republic of Vietnam from 19 January 1969 through 16 March 1969.

3.  Item 38 (Record of Assignments) of the FSM 's DA Form 20 shows that during his tour of duty in the Republic of Vietnam, he served with Headquarters and Headquarters Troop, 1st Squadron, 11th Armored Cavalry Regiment from 23 January 1969 through on or about 8 March 1969.  It also shows he was admitted as a patient to the Medical Holding Company of the 106th General Hospital on9 March 1969 and was further evacuated on 21 March 1969 to the Medical Holding Detachment of a Navy Hospital located in Chelsea, MA.

4.  Item 38 of the FSM's DA Form 20 also shows he received "excellent" or "unknown" conduct and efficiency ratings for each of his duty assignments during his tenure of service.  Additionally, there is no evidence that the FSM had any court-martial convictions or was disqualified by his chain of command from receiving the first award of the Army Good Conduct Medal.

5.  Item 40 (Wounds) of the FSM's DA Form 20 contains the entry "MFW [multiple fragmentation wounds] Partial Region/R[ight]/ L[eft]/Hemoplegia" with a date of "26 Feb[ruary 19]69."

6.  The FSM 's record contains a DA Form 1361 (Recommended Findings of Physical Evaluation Board (Informal Hearing)), dated 21 May 1969, which shows a physical evaluation board was conducted at the Valley Forge General Hospital located in Phoenixville, PA.  This board determined the FSM was unfit for continued military service due to physical disability he incurred from an instrumentality of war as a direct result of an armed conflict.

7.  The FSM was retired due to permanent disability on 20 June 1969.


8.  Item 41 (Awards and Decorations) of the FSM's DA Form 20 shows he was awarded or authorized the National Defense Service Medal, Vietnam Service 
Medal, Armed Forces Expeditionary Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar [M-14].  This form does not show award of the Purple Heart, Army Good Conduct Medal, or the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the FSM's DD Form 214 shows he was awarded or authorized the Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), National Defense Service Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

10.  A DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 15 October 2008, corrected the FSM's DD Form 214 for the period ending 20 June 1969, in pertinent part, by:

	a.  deleting from item 24 the Vietnam Service Medal,

	b.  adding to item 24 the Vietnam Service Medal with two bronze service stars,

	c.  adding to item 24 the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and

	d.  adding to item 30 (Remarks) the entry "Served in Vietnam from 19 January 1969 to 16 March 1969."

11.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the FSM.

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

13.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9 of the version in effect at the time, stated, in pertinent part, that a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

14.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army 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.

15.  Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The area of eligibility encompasses all land area of the Republic of Korea, the contiguous water out to 12 nautical miles, and all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members who were assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days meet the eligibility criteria.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the FSM's record should be corrected to show award of the Purple Heart, Army Good Conduct Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation was carefully considered.

2.  A DD Form 215, dated 15 October 2008, corrected the FSM's DD Form 214, in pertinent part, by adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Item 24.  As a result, there is no need for further action pertaining to this foreign award.  A copy of this DD Form 215 will be furnished to the applicant along with these Proceedings.  The applicant is further advised that this foreign unit award is not available for issue by the Department of Army, but may be purchased if desired from civilian dealers in military insignia.

3.  The evidence clearly shows the FSM sustained wounds as a direct result of hostile action.  Substantiating evidence, including the entry in item 40 of his DD Form 20, verifies the wounds required treatment by medical personnel and the medical treatment was made a matter of official record.  Therefore, the FSM is entitled to award of the Purple Heart and correction of his DD Form 214 to show this award.

4.  Evidence shows the FSM completed a period of honorable service, he received all "excellent" conduct and efficiency ratings, and he had no court-martial convictions.  Additionally, there is no evidence that the FSM was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, the FSM is entitled to award of the Good Conduct Medal (first award) for the period 11 October 1967 through 20 June 1969 and to correction of his records to show this award.

5.  The evidence shows the FSM served on active duty in the Republic of Korea during a qualifying period for award of the Korea Defense Service Medal.  Therefore, the FSM is entitled to award of the Korea Defense Service Medal and to have his records corrected 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 on 26 February 1969,

	b.  awarding the FSM the Army Good Conduct Medal (first award) for the period 11 October 1967 through 20 June 1969, and


	c.  adding to item 24 of the FSM's DD Form 214 the following awards:

		(1)  Purple Heart,

		(2)  Army Good Conduct Medal (first award), and

		(3)  Korea Defense Service 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)                                         AR20090017665



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ABCMR Record of Proceedings (cont)                                         AR20090017665



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