IN THE CASE OF:	

		BOARD DATE:	  01 April 2010

		DOCKET NUMBER:  AR20090019968 


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 that his deceased father, a former service member (FSM), be awarded the Purple Heart. 

2.  The applicant states that the FSM made statements that he should have received the Purple Heart and that the FSM's records show that he was injured in combat in the Republic of Vietnam (RVN).  

3.  The applicant provides the following:

* a partial copy of the FSM's DA Form 20 (Enlisted Qualification Record)
* a VA Form 21-6782 (Original Disability Compensation)
* a copy of the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* a certified copy of the FSM's Certificate of Death
* a Certificate of Appointment naming the applicant as the personal representative of the FSM's estate
* a certification of the facts of the applicant's name and birth 

CONSIDERATION OF EVIDENCE:

1.  The FSM enlisted in the Regular Army on 6 June 1967.  He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

2.  A DA Form 20 shows in item 31 (Foreign Service) the FSM served in the RVN for the period 13 January 1968 through 2 March 1968.  Item 38 (Record of Assignments) shows, on 8 February 1968, he was assigned to Company C, 1st Battalion, 327th Infantry, performing duties in MOS 11B and also shows, on 
20 February 1968, he was assigned to the 249th General Hospital as a patient.

3.  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 National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal with Device (1960), the Armed Forces Expeditionary Medal (AFEM), and the Marksman Marksmanship Badge (M-14 and M-16).

4.  Item 40 (Wounds) of the FSM's DA Form 20 shows that he received a fragment wound to the upper body on 18 February 1968.  Item 41 (Awards and Decorations) does not include the Purple Heart in the awards listed.

5.  A Standard Form 89 (Report of Medical History) completed prior to expiration of the FSM's term of service shows he complained of shrapnel in his right shoulder.  

6.  Chapter 9 of Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, stated that a brief description of wounds or injuries 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 the date the wound or injury occurred would also be placed in item 40. 

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

8.  Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to infantry officers, warrant officers, and enlisted members who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. 

9.  Department of the Army General Orders 8, 1974, announced award of the RVN Gallantry Cross Unit Citation with Palm for service in the RVN to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

10.  Army Pamphlet 672-3 (Unit Citation and Campaign Credit Register) lists the unit awards and campaign periods for the Vietnam era.  Two designated campaigns coincide with the FSM's period of service in the RVN:  the Vietnam Counteroffensive and TET Counteroffensive.

11.  Army Regulation 600-8-22 states a bronze service star is awarded 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.

12.  Item 31 of the FSM's DA Form 20 shows that he served in Korea during the period 19 June 1969 through 30 May 1970 and was assigned to Company A, 
3d Battalion, 32d Infantry, 7th Infantry Division.  He was awarded the AFEM for this service.

13.  Army Regulation 600-8-22 states 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 regulation also states service members qualified for the AFEM for service in Korea between 1 October 1966 and 30 June 1974, in an area for which the KDSM was later authorized, are eligible for both the AFEM and the KDSM.

14.  Army Pamphlet 672-3 shows the 7th Infantry Division received the Republic of Korea Presidential Unit Citation for the period 17 September 1950 to 
27 March 1971.

15.  Item 38 of the FSM's DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military career.  His record also contains two DA Forms 2627-1 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)) showing he received nonjudicial punishment on 
15 September 1967 and 27 February 1969 for failing to go to his appointed place of duty at the prescribed time.

16.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was
3 years except in those cases when the period for the first award ended 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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that the FSM's record should be corrected by awarding him the Purple Heart is supported by the evidence.

2.  Although the FSM's service record is void of any orders awarding him the Purple Heart, an entry on his DA Form 20 shows he suffered a fragment wound to the upper body on 18 February 1968.  His record also shows that he was assigned to a hospital as a patient on 20 February 1968.  There is sufficient evidence to show he is entitled to correction of his DD Form 214 to show the Purple Heart.

3.  The record shows the FSM held an infantry MOS and was assigned to an infantry unit in the RVN.  Additionally, he suffered a fragment wound to the upper body on 18 February 1968 while assigned to his infantry unit in the RVN.  It is reasonable to believe the FSM was personally present and under hostile fire while serving in his assigned infantry unit, that he actively engaged in ground combat, and that he should be awarded the CIB and have his records corrected to show this award.  

4.  General orders awarded the FSM's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records.  He is entitled to correction of his records to show this unit award.  

5.  The FSM was awarded the Vietnam Service Medal.  His records show he participated in two campaigns while serving in the RVN.  He is entitled to award of two bronze service stars for wear on the Vietnam Service Medal.

6.  The FSM served in Korea during the period 19 June 1969 through 30 May 1970.  This is a qualifying period for award of the Korea Defense Service Medal and he is entitled to correction of his records to show this award.

7.  General orders awarded the FSM's unit the Republic of Korea Presidential Unit Citation which is not shown on his records.  He is entitled to correction of his records to show this unit award.

8.  The evidence of record confirms the FSM served honorably during the period 6 June 1967 through 27 May 1970.  He was wounded during a combat tour in the Republic of Vietnam and received "excellent" conduct and efficiency ratings throughout his military service.  Aside from two minor nonjudicial punishments on 15 September 1967 and 27 February 1969, based on his overall record of service it would be appropriate to award the FSM the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service.  He is entitled to correction of his records to show this medal.





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 him the Purple Heart for injuries received on 18 February 1968,

b.  awarding him the Combat Infantryman Badge with an effective date of 
18 February 1968,

c.  awarding him the Army Good Conduct Medal (1st Award) for the period 
6 June 1967 through 27 May 1970,

d.  deleting the Vietnam Service Medal from his DD Form 214, and 

e.  adding the following to his DD Form 214:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Combat Infantryman Badge
* Vietnam Service Medal with two bronze service stars
* Korea Defense Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Korea Presidential Unit Citation 



      _______ _ 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)                                         AR20090019968



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ABCMR Record of Proceedings (cont)                                         AR20090019968


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