IN THE CASE OF:	  

		BOARD DATE:	  8 September 2011

		DOCKET NUMBER:  AR20110003405 


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 the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of two Bronze Star Medals, a Purple Heart, and an Air Medal.

2.  The applicant states the FSM received these awards after he was discharged.

3.  The applicant provides copies of the FSM's DD Form 214, certificate of death, marriage license, two letters from the Department of the Army concerning awards, and a Department of Veterans Affairs Form 21-4138 (Statement in Support of Claim).

CONSIDERATION OF EVIDENCE:

1.  On 17 November 1965, the FSM was inducted into the Army of the United States.  He completed his initial training and was awarded military occupational specialty 67N (Single Rotor/Turbine Helicopter Mechanic).

2.  Special Orders Number 2, 1st Training Brigade, Fort Gordon, Georgia, dated 3 January 1966, awarded the FSM the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

3.  On 15 September 1966, the FSM departed Fort Hood, Texas, for duty in the Republic of Vietnam (RVN).

4.  On 24 October 1966, he was assigned to Headquarters and Headquarters Company, 15th Medical Battalion, 1st Cavalry Division.

5.  General Orders Number 1863, 1st Cavalry Division, dated 23 April 1967, awarded the FSM the Air Medal for meritorious achievement during the period 21 November to 21 December 1966.

6.  On 14 October 1967, the FSM departed the RVN en route to the United States.

7.  On 16 October 1967, the FSM was released from active duty.  He attained the rank of specialist five/pay grade E-5 and completed 1 year and 11 months of creditable active duty service.

8.  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, Vietnam Service Medal, RVN Campaign Medal, Aircraft Crewman Badge, and Air Medal.

9.  The following general orders were published after the FSM's release from active duty:

	a.  General Orders Number 6685, 1st Cavalry Division, dated 3 November 1967, awarded the FSM the 1st through 11th Oak Leaf Cluster to be affixed to his Air Medal for meritorious achievement during the period 22 November 1966 to 7 September 1967.

	b.  General Orders Number 6745, 1st Cavalry Division, dated 5 November 1967, awarded the FSM the Bronze Star Medal for meritorious service during the period October 1966 to October 1967.

	c.  General Orders Number 7409, 1st Cavalry Division, dated 16 December 1967, awarded the FSM the Purple Heart for wounds received in connection with military operations against a hostile force on 6 June 1967.

10.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), failed to reveal any orders awarding the FSM a second award of the Bronze Star Medal.  ADCARS is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command.

11.  A review of the FSM's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.
12.  Item 38 (Record of Assignments) of the FSM's DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency ratings were "excellent."  The FSM's records do not contain any evidence of disciplinary action.  There is no evidence to show his commander took any action to deny him the Army Good Conduct Medal.

13.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  Paragraph 3-16 states Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  Numerals, starting with 2, will be used to denote second and subsequent awards of the Air Medal.

	b.  Appendix B indicates that based on the FSM's dates of service in the RVN, he participated in the Vietnam Counteroffensive Phase II and Vietnam Counteroffensive Phase III campaigns.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the RVN.  This pamphlet shows the 15th Medical Battalion was cited in Department of the Army General Orders (DAGO) Number 28, dated 1969, for award of the Meritorious Unit Commendation and in DAGO Number 59, dated 1969, for award of the RVN Gallantry Cross with Palm Unit Citation during the time of the FSM's assignment.

15.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends 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 contends the FSM's DD Form 214 should be corrected to show award of two Bronze Star Medals, a Purple Heart, and an Air Medal.

2.  General orders show the FSM was awarded the Bronze Star Medal, Purple Heart, and Air Medal with Numeral 12 and his unit was awarded the Meritorious Unit Commendation.  Therefore, these awards should be shown on his DD Form 214.
3.  The FSM's records clearly show he distinguished himself in the performance of his military service as evidenced by attaining the rank of specialist five/E-5, receiving multiple awards for meritorious achievement and service, and achieving "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

4.  Records show the FSM participated in two campaigns during his service in the RVN.  Therefore, he is entitled to two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  Records show the FSM's unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

6.  Special orders show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, his records should be corrected to show this badge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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.  awarding the FSM the Army Good Conduct Medal (1st Award) for the period 17 November 1965 to 16 October 1967,

	b.  deleting the Vietnam Service Medal from item 24 of his DD Form 214, and

	c.  showing that in addition to the awards already shown in item 24 of his DD Form 214, his awards include:

* Bronze Star Medal
* Purple Heart
* Air Medal with Numeral 12
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Meritorious Unit Commendation
* RVN Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

2.  The Board further determined 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 a second or subsequent Bronze Star Medal.



      _________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)                                         AR20110003405



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ABCMR Record of Proceedings (cont)                                         AR20110003405



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