BOARD DATE:	  1 July 2010

		DOCKET NUMBER:  AR20090019560 


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 wife of a deceased former service member (FSM), requests correction of her husband’s records to show the following awards:

* Silver Star
* Air Medal
* Army Achievement Medal
* Army Commendation Medal (First Oak Leaf Cluster)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The applicant states her late husband received a Silver Star prior to his discharge from the Regular Army in August 1969.  She contends it is not on the recent copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides the following documents in support of her application:

* Photocopy of the Silver Star, Bronze Star Medal, Purple Heart, Air Medal, Army Commendation Medal (First Oak Leaf Cluster), Army Good Conduct Medal, Army Achievement Medal, Vietnam Service Medal, and Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Certificate of birth
* Marriage license
* Death certificate



CONSIDERATION OF EVIDENCE:

1.  The FSM enlisted in the Regular Army on 3 March 1958.  He served in Korea from October 1958 to November 1959 and September 1960 to July 1962.  The applicant continued to serve on active duty through two reenlistments.  

2.  General orders published on 21 October 1965 show the FSM was awarded the Army Commendation Medal for meritorious service from 28 September 1962 to 15 October 1965.

3.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Vietnam on 4 January 1968.  He was assigned to the 3rd Ordnance Battalion, 54th Ordnance Company (6 January 1968 to 13 September 1968) and Headquarters and Headquarters Company, 53rd General Support Group
(14 September 1968 to 31 December 1968) during his tour in Vietnam.  

4.  The FSM’s service record does not contain orders for award of the Silver Star, the Army Achievement Medal or the Army Commendation Medal (First Oak Leaf Cluster).  His service record does not contain any flight records or orders for award of the Air Medal.

5.  His DA Form 20 does not list the Silver Star, the Air Medal, the Army Achievement Medal, the Army Commendation Medal (First Oak Leaf Cluster) or the Republic of Vietnam Gallantry Cross Palm Unit Citation in item 41 (Awards and Decorations).  

6.  The applicant departed Vietnam on 3 January 1969.  He was credited with participation in the following campaigns:  

* Vietnam Counteroffensive Phase III
* Tet Counteroffensive 
* Vietnam Counteroffensive Phase IV
* Vietnam Counteroffensive Phase V
* Vietnam Counteroffensive Phase VI 

7.  The FSM was honorably discharged on 1 August 1969.  His DD Form 214 shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Two Overseas Service Bars
* Expert Marksmanship Qualification Badge with Rifle Bar
* Army Commendation Medal
* Good Conduct Medal (2nd Award)

8.  Headquarters, Department of the Army General Orders (DAGO) Number 8, dated 1974, awarded all units which served in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows at the time of the applicant’s assignment to the 54th Ordnance Company the unit was cited for award of the Meritorious Unit Commendation in DAGO Number 50, dated 1971. 

10.  The FSM subsequently served in the Army National Guard and the U.S. Army Reserve.  He retired on 1 January 2001 from the U.S. Army Reserve.  

11.  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 United States Army Human Resources Command, failed to reveal any orders for the Silver Star, Air Medal, or Army Commendation Medal (First Oak Leaf Cluster).

12.  Army Regulation 600-8-22 (Military Awards) states the Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

13.  Army Regulation 600-8-22 states the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

14.  Army Regulation 600-8-22 states the Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
15.  Army Regulation 600-8-22 states an Oak Leaf Cluster is awarded to denote the second and succeeding awards of certain decorations among which is the Army Commendation Medal.  

16.  Army Regulation 600-8-22 authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal.  A silver service star is authorized in lieu of five bronze service stars.

17.  Army Regulation 600-8-22 states that the Korea Defense Service Medal (KDSM) 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 and the contiguous water out to 12 nautical miles and all air spaces above the land and water area.  The period of eligibility is from 28 July 1954 to a date to be determined by the Secretary of Defense.

18.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends her late husband received a Silver Star prior to his discharge from the Regular Army in August 1969 and it is not on the recent copy of his DD Form 214.  However, the evidence of record does not contain any orders which show he was awarded the Silver Star.  Therefore, there is insufficient evidence on which to base adding it to his DD Form 214.

2.  Since there are no orders for the Air Medal in the available records there is insufficient evidence on which to base adding it to his DD Form 214.

3.  The FSM’s service record does not show he was recommended for or awarded the Army Achievement Medal.  In addition, the award was not established until 1981.  Therefore, there is insufficient evidence on which base adding it to his DD Form 214.

4.  The FSM’s 1 August 1969 DD Form 214 shows the Army Commendation Medal as an authorized award.  However, the FSM’s service record does not contain any orders or other evidence which shows he was recommended for or awarded the Army Commendation Medal (First Oak Leaf Cluster).  Therefore, the FSM’s service record does not contain sufficient evidence on which to base adding an addition Army Commendation Medal to his DD Form 214.

5.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam.  The FSM was assigned to a unit which served in Vietnam.  Therefore, the FSM's 1 August 1969 DD Form 214 should be amended to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

6.  The FSM was assigned to the 54th Ordnance Company during a period it was cited for the Meritorious Unit Commendation.  Therefore, this award should be added to his 1 August 1969 DD Form 214.  

7.  The FSM’s 1 August 1969 DD Form 214 currently reflects the Vietnam Service Medal with two bronze service stars.  However, he received credit for participation in five campaigns during the Vietnam War.  Therefore, his 1 August 1969 DD Form 214 should be amended to reflect one silver service star (in lieu of five bronze service stars) for wear on his Vietnam Service Medal.

8.  The FSM served a period of qualifying service for award of the KDSM.  Therefore, his 1 August 1969 DD Form 214 should be amended to show the KDSM.  

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 1 August 1969 DD Form 214 to add the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Meritorious Unit Commendation
* One silver service star for wear on his already awarded Vietnam Service Medal
* KDSM

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 adding the Silver Star, the Air Medal, the Army Achievement Medal, or the Army Commendation Medal (First Oak Leaf Cluster) to his DD Form 214.  




      _______ _   _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)                                         AR20090019560



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ABCMR Record of Proceedings (cont)                                         AR20090019560



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