IN THE CASE OF:	  

		BOARD DATE:	  28 June 2011

		DOCKET NUMBER:  AR20100029152 


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 son of a deceased former service member (FSM), requests correction of his father's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show two awards of the Purple Heart.

2.  The applicant states that his father was awarded his first Purple Heart in November 1967 and his medal was stolen from his foot locker.  He goes on to state that his father received his second Purple Heart on 4 December 1967.  Neither of his Purple Hearts is annotated to his DD Form 214.

3.  The applicant provides:

* A letter explaining his application
* His Certificate of Live Birth
* The FSM's Certificate of Death
* The FSM’s Department of Veterans Affairs (VA) Rating Decision
* A DA Form 8-275-2 (Clinical Record Cover Sheet), dated 18 December 1967
* The FSM’s DD Form 214
* A letter written by the FSM 

CONSIDERATION OF EVIDENCE:

1.  The FSM was inducted into the Army of the United States in New York on
2 December 1966.  He completed his training as a light weapons infantryman at Fort Jackson, SC.
2.  Special Orders Number 54, issued by Headquarters, 3rd Training Brigade, Fort Jackson, SC, dated 27 March 1967, awarded the FSM the Expert Marksmanship Qualification Badge with Automatic Rifle Bar (M-16).

3.  Special Orders Number 59, issued by the same headquarters, dated 6 April 1967, awarded the FSM the Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60).

4.  The FSM was transferred to Vietnam on 10 May 1967 and assigned to Headquarters and Headquarters Company, 5th Battalion, 60th Infantry Regiment, 9th Infantry Division.  On 21 September 1967, he was transferred to Company A of the same unit.

5.  A DA Form 8-275-2 that was provided by the applicant and contained in the FSM's available record shows that the FSM was wounded by hostile sniper fire in the right leg on or about 1900 hours on 2 December 1967.  Item 25 (Selected Administrative Data) of this form contains an entry that indicates the FSM was awarded the Purple Heart by General Orders Number 189, issued by the
24th Evacuation Hospital, dated 4 December 1967.

6.  On 21 December 1967, he was evacuated to the Medical Holding Detachment, U.S. Army Hospital, at Camp Zama, Japan and further reassigned to the Medical Holding Company, U.S. Army Hospital, at Fort Jackson, SC, where he remained until he was honorably released from active duty (REFRAD) in the rank/grade of specialist four (SP4)/E-4 on 4 April 1969, by reason of his expiration of term of service (ETS).  He served 2 years, 4 months, and 2 days of total active service with 1 day of time lost (15 July 1968) due to being absent without leave (AWOL).  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Combat Infantryman Badge
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

7.  The FSM’s DA Form 20 (Enlisted Qualification Record) shows in:

* item 38 (Record of Assignment) he received "excellent" conduct and efficiency ratings throughout his service
* item 44 (Tile Lost Under Section 972, U.S. Code and Subsequent to Normal Date ETS) he accrued 1 day of time lost on 15 July 1968 due to AWOL

8.  The FSM's record is void of any actions taken on his 1 day of AWOL.  His record is also void of any other derogatory information or a commander's disqualification that would serve to disqualify him for award of the Army Good Conduct Medal.

9.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows the applicant's name is listed twice as a casualty, on 26 November 1967 under casualty code "24" and on 2 December 1967 under casualty code "23."  This casualty code "23" refers to "hostile wounded in action, not serious, hospitalized" and casualty code "24" refers to "hostile wounded in action, not serious, not hospitalized."

10.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or as a 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 medical personnel, and the medical treatment must have been made a matter of official record.

11.  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 5th Battalion, 60th Infantry, the unit to which the applicant was assigned, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period December 1966 through June 1968 by Department of the Army General Order (DAGO) Number 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period 19 December 1966 through 28 June 1969 by DAGO Number 59, dated 1969

12.  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 his service in Vietnam, the applicant participated in the following two campaigns:


* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)

13.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the FSM's DD Form 214 should be corrected to reflect his two awards of the PH has been noted and found to have merit.  The FSM was twice wounded in action in Vietnam.  The DA Form 2-275-2 contained in the FSM's record shows he was awarded the Purple Heart by General Orders Number 189 for wounds received in action on 2 December 1967.  The FSM is listed on the Vietnam casualty listing for being wounded as a result of hostile action on 26 November and 2 December 1967.  Therefore, the FSM's DD Form 214 should be corrected to show two awards of the Purple Heart.

2.  A review of the FSM's record shows he had "excellent" conduct and efficiency ratings throughout his period of service.  His record also shows he had 1 day of time lost due to AWOL; however, his record does not contain any other derogatory information that would serve to disqualify him for the first award of the AGCM.  Notwithstanding the FSM's 1 day of AWOL, it appears that the FSM not being awarded the first award of the AGCM was the result of an administrative error.  Therefore, the FSM should be posthumously awarded the first award of the Army Good Conduct Medal AGCM for the period 2 December 1966 through
4 April 1969 and his DD Form 214 should be corrected to show this award.

3.  The FSM participated in two campaigns phases during his service in Vietnam which entitled him to two bronze service stars to be affixed his Vietnam Service Medal.  Therefore, the FSM's DD Form 214 should be corrected to show these bronze service stars.

4.  The FSM’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit.  Accordingly, his DD Form 214 should be corrected to show these unit awards.

5.  Orders awarded the FSM the Expert Marksmanship Qualification Badge with Automatic Rifle Bar (M-16) and the Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60).  Therefore, the FSM's DD Form 214 should be corrected to show these qualification badges.

BOARD VOTE:

___X____  ____X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  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 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;

	b.  posthumously awarding the FSM the Army Good Conduct Medal
(1st Award) for the period 2 December 1966 through 4 April 1969; and

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

* Purple Heart (2nd Award)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Automatic Rifle Bar
(M-16)
* Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60)

2.  The Board wants the applicant and all others to know that the sacrifices his father made in service to the United States during the Vietnam War are deeply 


appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ____________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)                                         AR20100029152



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ABCMR Record of Proceedings (cont)                                         AR20100029152



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