IN THE CASE OF:	  

		BOARD DATE:	  2 June 2011

		DOCKET NUMBER:  AR20100028173 


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 widow of a deceased former service member (FSM), requests correction of her late husband's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Star Medal.  She further requests her late husband be awarded the Army Good Conduct Medal.

2.  She states the Bronze Star Medal was awarded approximately two weeks before the FSM was shipped out of the war zone and this award was omitted from his DD Form 214.  The orders and records never had a chance to catch up to his 201 File [Military Personnel Records Jacket] before he was transferred to Fort Riley, KS.  The FSM was a good Soldier, a gun chief, and he followed orders to the letter and made sure his crew did the same.  Although he was a draftee, he conducted himself with discipline and diligence, and he should have been awarded the Army Good Conduct Medal.

3.  She also states that although the FSM had his Bronze Star Medal citation and certificate, he could not locate his general orders awarding the medal.  After his untimely death in 2010, his family found the envelope containing General Orders Number 3097, dated 15 April 1971.  It had been misfiled in a place unknown to the FSM.  His family would like his record to be restored in order to properly honor him for his service to his country.  The FSM was working on his records, as well as helping fellow servicemen who served with him work on theirs, when 

he died in an accident.  This mission of restoring his records was not finished and the family would like to complete it for him.

4.  The applicant provides the:

* FSM's Bronze Star Medal orders, certificate, and citation
* FSM's DD Form 214
* FSM's Certificate of Death

CONSIDERATION OF EVIDENCE:

1.  The FSM's military records show he was inducted into the Army of the United States on 23 January 1970.  He completed training and he was awarded military occupational specialty (MOS) 13B (Field Artillery Crewman).

2.  He served in Vietnam from 12 June 1970 to 28 April 1971 while assigned to Battery C, 2nd Battalion (Airmobile), 320th Artillery.

3.  The applicant provided a copy of General Orders Number 2097, issued by Headquarters, 101st Airborne Division (Airmobile), dated 15 April 1971, awarding the FSM the Bronze Star Medal for meritorious service in the Republic of Vietnam during the period June 1970 to April 1971.  She also provided a copy of the associated award certificate and citation.

4.  The FSM's record contains General Orders Number 432, issued by the same headquarters, dated 31 August 1971, awarding him the Army Good Conduct Medal for the period 23 January 1970 through 27 September 1971.

5.  Item 41 (Awards and Decorations) of the FSM's DA Form 20 (Enlisted Qualification Record) shows:

* the National Defense Service Medal
* the Vietnam Service Medal
* the Republic of Vietnam Campaign Medal with Device (1960)
* the Army Commendation Medal
* one overseas bar
* the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

6.  The FSM was honorably released from active duty on 27 September 1971, in pay grade E-5.  Item 24 (Decorations, Medals, Badges, Commendations, 

Citations and Campaigns Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows the same awards as shown on his DA Form 20, excluding the weapons qualification badge.  It also does not show the Bronze Star Medal or the Army Good Conduct Medal.

7.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during the FSM's service in Vietnam, he participated in the following two campaigns:

* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 2nd Battalion, 320th Artillery, the unit to which the FSM was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 18 April through 31 August 1971 by Department of the Army General Order Number 6, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the FSM the Bronze Star Medal and the Army Good Conduct Medal; however, these awards are not shown on his DD Form 214.  Therefore, the FSM's DD Form 214 should be corrected to show these awards.

2.  The evidence of record also shows the FSM was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and this award is not shown on his DD Form 214.  Therefore, the FSM's DD Form 214 should be corrected to show this marksmanship qualification badge.

3.  The FSM participated in two campaigns phases while serving in Vietnam.  Therefore, the FSM's DD Form 214 should be correction to show the Vietnam Service Medal with two bronze service stars.

4.  The FSM's unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, the FSM's DD Form 214 should be corrected to show this unit 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.  deleting from Item 24 of the FSM's DD Form 214 the Vietnam Service Medal; and 

	b.  adding to Item 24 of the FSM's DD Form 214 the:

* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)



      ____________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)                                         AR20100028173



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ABCMR Record of Proceedings (cont)                                         AR20100028173


   
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