IN THE CASE OF:	  

		BOARD DATE:	  17 August 2010

		DOCKET NUMBER:  AR20100001016 


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 daughter of a deceased former service member (FSM), requests correction of the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the correct spelling of the FSM's last name.  She also states the FSM should be awarded the Bronze Star Medal and the Purple Heart.

2.  The applicant states she is trying have the FSM's name placed on a list of Purple Heart recipients, but she is having a hard time because she cannot find any information showing he was awarded the Purple Heart.  Numerous members of the family remember the FSM having a Purple Heart, but it has disappeared since his death.  She also states that the FSM's Bronze Star Medal is not shown on his DD Form 214.

3.  The applicant provides, in support of her application, copies of the FSM's 
DD Form 214, Certificate of Death, letter from the National Personnel Records Center, and the FSM's Pennsylvania Driver's License.  She also provides a copy of her birth certificate.

CONSIDERATION OF EVIDENCE:

1.  On 19 March 1969, the FSM was inducted into the Army of the United States using the last name of Gindles____.  He completed his initial training and was awarded military occupational specialty (MOS) 63B (Wheel Vehicle Mechanic).  He was subsequently assigned to Fort Benning, Georgia, for duty in MOS 63C (General Vehicle Repairman).
2.  On 22 October 1969, the FSM departed Fort Benning for duty in the Republic of Vietnam.

3.  On 29 November 1969, the FSM was assigned to F Troop, 2nd Squadron, 11th Armored Cavalry Regiment.  While with this unit he was assigned duty as a general vehicle repairman, a recovery vehicle operator, and a senior recovery vehicle operator.

4.  General Orders Number 1027, II Field Force Vietnam, dated 1 April 1971, awarded the FSM the Bronze Star Medal for meritorious service in connection with military operations against a hostile force, for the period from May 1970 to May 1971.

5.  On 16 June 1971, the FSM departed the Republic of Vietnam.

6.  On 31 July 1971, the FSM was assigned to Headquarters and Headquarters Company, 1st Battalion, 35th Armored Regiment, 1st Armored Division, located in the Federal Republic of Germany.

7.  On 8 January 1972, the FSM was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He had attained the rank of specialist five/ pay grade E-5 and completed 2 years, 9 months, and 
5 days of creditable active duty service.

8.  The FSM's DD Form 214, Item 1 (Last Name…), shows his last name as Glindles____.

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the FSM's DD Form 214 lists his awards as the National Defense Service Medal, Good Conduct Medal, Army Commendation Medal, Vietnam Service Medal, Vietnam Campaign Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

10.  The FSM’s name is not listed on the Vietnam Casualty Roster.

11.  Item 40 (Wounds) of the FSM’s DA Form 20 (Enlisted Qualification Record) is blank.

12.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the FSM the Purple Heart.  ADCARS is 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.
13.  Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to a member of the Armed Force of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

14.  Appendix B of Army Regulation 600-8-22 shows that based on the FSM's dates of service in the Republic of Vietnam, he participated in the following three campaign periods: the Vietnam Winter-Spring 1970; the DA Sanctuary Counteroffensive; and the Vietnam Counteroffensive, Phase VII.  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.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam:

	a.  This publication shows during the time of the FSM's assignment, the 11th Armored Cavalry Regiment was cited in Department of the Army General Orders (DAGO) Number 43, dated 1972 for award of the Valorous Unit Award; and in DAGO Number 50 and 55, dated 1971 for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  The 2nd Squadron, 11th Armored Cavalry Regiment was cited for a third award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the time of the FSM's assignment.

	b.  This publication also states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the FSM's DD Form 214 should be corrected to show the correct spelling of his last name.  She also contends he should be awarded the Bronze Star Medal and the Purple Heart.

2.  The evidence of record clearly shows the FSM's last name was incorrectly entered on his DD Form 214.  Therefore, the DD Form 214 should be corrected.
3.  There are no available general orders awarding the FSM the Purple Heart.  The Vietnam Casualty Roster does not contain the FSM's name.  The FSM's DA Form 20 does not indicate he received any wounds while in action.  The applicant has not provided substantiating evidence to support her contention that the FSM was wounded as a result of enemy action.  Regrettably, the FSM's DD Form 214 should not be corrected to show award of the Purple Heart.

4.  General orders show the FSM was awarded the Bronze Star Medal.  Therefore, his DD Form 214 should be corrected to show this medal.

5.  The FSM’s unit was cited in general orders for award of the Valorous Unit Award.  Therefore, his records should be corrected to show this unit award.

6.  Records show the FSM participated in three campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of three bronze service stars to be affixed to his Vietnam Service Medal.

7.  The FSM’s unit was cited in general orders for three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show all three foreign unit awards.

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:

	a.  showing in Item 1 of his DD Form 214 his last name as Gindles____; and

	b.  showing, in addition to the awards shown on the FSM's DD Form 214 that his awards include the Bronze Star Medal, Valorous Unit Award, three bronze service stars to be affixed to his already-awarded Vietnam Service Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation (three awards).
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 of the Purple Heart.



      _______ _   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)                                         AR20100001016



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)