IN THE CASE OF:	  

		BOARD DATE:	  14 June 2011

		DOCKET NUMBER:  AR20110009540 


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 the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) of her late husband, a former service member (FSM), be corrected to show the below corrections.  She also requests a personal hearing:

* his prisoner of war (POW) status and the POW Medal
* his Green Beret status
* Silver Star
* Bronze Star Medal
* Air Medal
* Purple Heart
* Republic of Vietnam Wound Medal
* Republic of Vietnam Campaign Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* South Vietnam Armed Forces Honor Medal, 2nd Class
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Parachutist Badge
* his foreign service in Vietnam

2.  The applicant states her late husband's DD Form 214 omitted several medals. He served his country proudly and received Green Beret training.  He served in Vietnam between 1968 and 1969 with the 5th Special Forces Group.  He was part of a group of 10 Soldiers who carried out Project Delta - a classified CIA (Central Intelligence Agency) mission.  He was captured by the enemy for a short 

period of time in the summer of 1969 but he and another Soldier escaped from captivity with an injury and they were later found by U.S. Soldiers after their escape.  He was taken to Japan for a medical evaluation and treatment before he was sent home to have surgery on his injured knee.  

3.  The applicant also states the FSM's mission in Vietnam was classified and she knows little about his mission.  He told her he and his group were in Cambodia with orders from the CIA.  His brother, who is a retired U.S. Air Force officer, can testify to the knee injury that occurred as a result of his tour in Vietnam.  The knee surgery occurred in St. Paul, MN, and was paid for by the U.S. Government.  

4.  In addition to his medals, she has found various items that her late husband left behind which include a U.S. Army special forces Vietnam combat manual, a Project Delta reconnaissance manual, several pictures, several of his badges, his combat knife and holster, a safe-conduct pass, a photograph of him training, a note from his buddy who escaped capture, a 1968 Christmas card, some mess and meal cards, two military pay vouchers, and an October 2000 Vietnam magazine that contain an article about Project Delta.

5.  She could not find the certificates associated with the requested medals in his belongings.  Bit she believes the Republic of Vietnam Wound Medal and the FSM's knee replacement, which was paid for by the U.S. Government, serve as a validation of his Purple Heart.  Additionally, the Republic of Vietnam Campaign Medal may have been awarded for his capture in Vietnam and thus validating his POW Medal.  

6.  The applicant provides:

* Death Certificate
* DD Form 214
* U.S. Army Reserve discharge order
* DD Form 47 (Record of Induction)
* DA Form 20 (Enlisted Qualification Record)
* Standard Form (SF) 88 (Report of Medical Examination) (Induction)
* SF 89 (Report of Medical History) (Induction)
* SF 88 and SF 89 (Separation)
* SF 608 (Dental records)
* SF 601 (Immunization Record)
* Photographs
* Photograph of a Shoulder Sleeve Insignia
* Letter from the National Personnel Records Center
* 
October 2000 magazine, Vietnam
* Copy of what appears to be a letter
* Christmas 1968 card
* Meal card, Armed Forces Liberty Pass, Central NCO (Noncommissioned Officer) Open Mess Membership Card, other mess card
* DA Forms 2139 (Military Pay Voucher)
* Printout of Vietnam war medals
* Printout of Vietnam Wound Medal, Republic of Vietnam Campaign Medal, and Armed Forces Honor Medal, 2nd Class
* 2008 Department of Veterans Affairs (VA) discharge summary
* 1996 Medical History/Discharge Summary Sheet
* 2001 Confidential Medical Report

CONSIDERATION OF EVIDENCE:

1.  The FSM's records show he was inducted into the Army of the United States on 17 July 1967.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 43E (Parachute Rigger).

2.  Subsequent to completion of MOS training, he was reassigned to Fort Benning, GA, on 10 November 1967, where he completed the Basic Airborne Course, and he was awarded the Parachutist Badge.

3.  Subsequent to completing airborne training, he was reassigned to Fort Lee, VA, on 2 January 1968, where he completed the Parachute Packing and Airdrop Maintenance Course. 

4.  He then served with Headquarters and Headquarters Company, 6th Special Forces Group (Airborne), 1st Special Forces, Fort Bragg, NC, from 5 April to 8 November 1968.

5.  He served in Vietnam as a parachute rigger from on or about 14 December 1968 to on or about 8 July 1968.  He was assigned to the Aerial Equipment Company, 15th Services and Support Battalion, 1st Cavalry Division.

6.  He was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5 on 8 July 1969 and he was transferred to the U.S. Army Reserve to complete his remaining service obligation.

7.  His DD Form 214 shows he completed 1 year, 11 months, and 22 days of creditable active service with no lost time.  This form also shows in:

* item 22c (Foreign and/or sea Service) zero credit for foreign service
* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized):

* National Defense Service Medal
* Vietnam Campaign Medal
* Vietnam Service Medal

8.  His DA Form 20 shows the following entries in:

	a.  item 29 (Qualification in Arms) he qualified sharpshooter with the M-14 rifle on 17 August 1968 and the M-16 rifle on 3 October 1968; 

	b.  item 39 (Record of Assignments) he received an "excellent' conduct and efficiency ratings throughout his military service;  

	c.  item 40 (Wounds) does not reflect a combat wound or injury; and

	d.  item 41 (Awards and Decorations), in addition to the awards listed on his DD Form 214, the Parachutist Badge. 

9.  His name is not shown on the Vietnam casualty roster.

10.  His service medical records show he underwent a separation physical on 7 July 1969 and he was found fully qualified for separation.  No entry of a combat wound or injury is listed on his separation physical. 

11.  His records do not contain official orders that show he was awarded the POW Medal, Silver Star, Bronze Star Medal, Air Medal, or Purple Heart.

12.  There is no indication in the FSM's records that show he was held captive or missing in action.

13.  A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart, Silver Star, Bronze Star Medal, or Air Medal pertaining to him.

14.  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 that during his assignment to the 15th Supply and Service Battalion, this unit was cited for awards of the:

* Meritorious Unit Commendation, for service from 1 June 1968 to 30 November 1969, by Department of the Army General Orders (DAGO) Number 2, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from May 1969 to February 1970, by DAGO Number 11, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1 January 1969 to 1 February 1970 by DAGO Number 42, dated 1972

15.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows during his service in Vietnam, campaign participation credit was awarded for the below-listed campaigns.  Additionally, this regulation states a bronze service star is authorized for wear on the Vietnam Service Medal for participation in each campaign. 

* Vietnam Counteroffensive, Phase VI, 2 November 1968 to 22 February 1969.
* Tet 69 Counteroffensive, 23 February to 8 June 1969
* Vietnam Summer - Fall 1969, 9 June to 31 October 1969

16.  The applicant submitted:

* Death certificate, that shows the FSM died on 21 January 2011
* U.S. Army Reserve discharge order that shows he was honorably discharged upon completion of his military service obligation
* Induction SF 88 that shows he was fully medically qualified for induction
* Induction SF 89 that shows he listed ailments with his hand and knee, a knee operation prior to service, and appendicitis
* Separation SF 88 that listed no medical issues/ailments
* Separation SF 89 that listed the same issues he listed on his induction SF 89
* Dental and immunization records
* Photographs of an adult with a child and a Vietnamese safe conduct pass
* Photograph of a Shoulder Sleeve Insignia
* October 2000 magazine, Vietnam, listing an article regarding Project Delta Disaster
* Contemporaneous letters, Christmas card, meal card, liberty pass, military pay vouchers, and other mess cards
* 
Printouts of various U.S. and foreign Vietnam-era medals
* 2008 VA discharge summary wherein the FSM related that he suffered a back injury in 196X (illegible) followed by multiple surgeries resulting in chronic low back pain
* 1996 Medical History/Discharge Summary Sheet wherein he related that he had chronic pain syndrome followed by pain clinic secondary to a parachute jump in Vietnam
* 2001 Confidential Medical Report wherein he related that he had multiple injuries including a gunshot wound to his knee and multiple injuries at a time of war
* This report also states "he was a green beret in the military during the Vietnam War and he was injured in line of duty.  His back injury is from that" and that he had a "history of POW with exposure to Agent Orange"

17.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified 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.

18.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of the regulation in effect at the time contained guidance on the preparation of the DD Form 214.  It stated that for item 22c, enter the total amount of active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater service was performed, e.g. USAREUR (U.S. Army Europe), USARPAC (U.S. Army Pacific), etc.  Furthermore, item 30 is used for Department of the Army mandatory requirements when a separate block is not available and as a continuation entry.

19.  Army Regulation 600-8-22 provides for the following awards:

	a.  The Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.   

	c.  The Purple Heart is awarded for a wound sustained while in action against and 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.

	d.  The POW Medal is authorized for any person who, while serving in any capacity with the U.S. Armed Forces, was taken prisoner and held captive after 5 April 1917.  The POW Medal is to be issued only to those U.S. military personnel and other personnel granted creditable U.S. military service, who were taken prisoner and held captive while engaged in an action against an enemy of the United States, while engaged in military operations involving conflict with an opposing foreign force, while serving with friendly forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party, or by foreign armed forces that are hostile to the United States, under circumstances which the Secretary concerned finds to have been comparable to those under which persons have generally been held captive by enemy armed forces during periods of armed conflict.  The POW Medal will only be awarded when the individual’s prisoner of war status has been officially confirmed and recognized as such by the Department of the Army.  

	e.  The Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

20.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal.  It established that passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations.  It defined terms and provided guidelines for the award based upon the number and types of missions or hours.  Twenty-five Category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in Category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal.  However, the regulation was clear that these guidelines were considered only a departure point.  

21.  Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.  

22.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

23.  The U.S. Army Special Forces at times are referred to as the Green Berets because of their distinctive service headgear.  Soldiers in the Special Forces community undergo unique and specialized training to include preparation and selection, assessment, and qualification, and that leads to an award of a specific MOS. 

24.  According to the U.S. Center of Military History database:

	a.  The Vietnam Wound Medal was a foreign military decoration of South Vietnam and was equivalent to the U.S. Army's Purple Heart.  It was awarded to any personnel of the South Vietnamese military who, while engaged in armed combat with enemies of the Republic of Vietnam, were either killed or wounded in action.  This award was rarely awarded to members of the U.S. military or allied forces and then only if the allied soldier in question was attached and under the direct command of a South Vietnamese unit.  For U.S. military personnel, the Vietnam Wound Medal is not authorized for wear on a military uniform as it is the foreign equivalent to (or competes with) the Purple Heart medal.  This foreign medal is now obsolete.

	b.  The South Vietnam Armed Forces Honor Medal, 2nd Class, was also a foreign military decoration of South Vietnam and comparable to the U.S. Army's Army Commendation Medal.  The Vietnam Armed Forces Honor Medal was awarded to any member of the military who actively contributed to the formation and organization of the Vietnamese military and who actively participated in cadre training of Vietnamese units.  The Vietnam Armed Forces Honor Medal was awarded for non-combat service only.  This medal is now obsolete.

25.  Army Regulation 15-185 (ABCMR) states ABCMR members will review all applications that are properly before them to determine the existence of an error or injustice; direct or recommend changes in military records to correct the error or injustice, if persuaded that material error or injustice exists and that sufficient evidence exists on the record; recommend a hearing when appropriate in the interest of justice; or deny applications when the alleged error or injustice is not adequately supported by the evidence and when a hearing is not deemed proper. The ABCMR will decide cases on the evidence of record.  It is not an investigative body. The ABCMR may, in its discretion, hold a hearing.  Applicants do not have a right to a hearing before the ABCMR.  The Director or the ABCMR may grant a formal hearing whenever justice requires. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the DD Form 214 of her deceased husband be corrected to show multiple awards and administrative corrections. 

2.  The FSM completed 6 months and 24 days of foreign service in USARPAC (Vietnam) from 14 December 1968 to 8 July 1969 which is not reflected on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this foreign service.  Additionally, there is no harm to the Army if his foreign service in Vietnam is shown in item 30 (Remarks) of his DD Form 214.

3.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Meritorious Unit Commendation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  Special orders awarded the FSM the Parachutist Badge which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award. 

5.  The FSM served honorably during the period 17 July 1967 through 8 July 1969.  He attained the rank of SP5/E-5, served in Vietnam, and received "excellent" conduct and efficiency ratings throughout his military service.  In the absence of derogatory information on file that would have disqualified him, it would be appropriate to award the FSM the first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and correct his records to show this award.

6.  The FSM was awarded the Vietnam Service Medal.  Additionally, he participated in three campaigns during his service in Vietnam.  Therefore, he is also entitled to three bronze service stars to be affixed to his already-awarded Vietnam Service Medal and correction of his records to show these awards.

7.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) and (M-16) Bars which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these badges.

8.  With respect to his Green Beret status, there is no evidence in the FSM's records and the applicant did not provide any evidence that shows the FSM was assessed, trained, or qualified in a Special Forces MOS.  His DA Form 20 properly documents his assignment to a special forces unit at Fort Bragg, NC, from April to November 1968, but he was trained as and held a Parachute Rigger MOS which is properly documented on his DD Form 214.  The entries on his various medical documents are not corroborated with official Army records that show he qualified in a special forces MOS.

9.  With respect to the Purple Heart:

	a.  The criteria for the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.

	b.  The argument submitted by the applicant is noted.  Additionally, the injuries the FSM related in the various medical records are also noted.  However, these documents do not satisfy the requirements for award of the Purple Heart as there is no corroborating evidence of the FSM's injury, or that this injury required medical treatment, or that the treatment was made a matter of official record.  

	c.  The FSM's service record is void of any orders that show he was awarded the Purple Heart or that he was wounded or injured as a result of combat.  His name is not listed on the Vietnam casualty roster, and his DA Form 20 does not indicate he received a combat-related wound.  Additionally, his available medical records do not reflect that he suffered a wound/injury as a result of enemy action and that he was treated for a combat injury or wound.

	d.  Notwithstanding the applicant's contention and sincerity, in the absence of additional documentation that conclusively shows the FSM was wounded or injured as a result of enemy action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case.

10.  With respect to the Silver Star and Bronze Star Medal, there is no evidence in the available records that shows the FSM was recommended for or awarded these awards.  The governing Army regulation states that for personal decorations (which include the Silver Star and Bronze Star Medal) formal recommendations, approval through the chain of command, and announcement in orders are required.  In the absence of orders, there is insufficient evidence to correct his records to show these awards.

11.  With respect to the Air Medal, there are no general orders that show the FSM was awarded the Air Medal.  In the absence of records or other independent evidence that would confirm he completed the number of missions necessary to be awarded the Air Medal, there is insufficient evidence upon which to base award of the Air Medal in this case.  

12.  Nevertheless, while the available evidence is insufficient for awarding the FSM a Silver Star, a Bronze Star Medal, or an Air Medal, this in no way affects 
the applicant's right to pursue her claim for these awards by submitting a request through her Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

13.  With respect to his POW status and the POW Medal, there is no evidence in the FSM's records and the applicant did not provide any evidence that shows the FSM was captured by the enemy in Vietnam.  The fact that he related in his medical reports having been a POW in Vietnam is noted.  However, this is not corroborated by any official documents in his records.  In the absence of an official Army verification such as casualty reports; messages, letters, and/or telegrams sent home; unit journals; diaries; sworn eyewitness statements or affidavits; photos, or other documents taken or obtained while in captivity, there is insufficient evidence to grant this portion of the applicant's request.

14.  With respect to the Vietnam Campaign Medal, this award is already listed on the FSM's DD Form 214.

15.  With respect to the Vietnam Wound Medal and Vietnam Armed Forces Honor Medal, 2nd Class, these awards are foreign awards and are now obsolete. In the absence of documentary evidence that the FSM was awarded these foreign awards by the Government of South Vietnam at the time and that the FSM obtained the proper U.S. Army authorization to accept and wear these foreign awards, there is insufficient evidence to correct his records to show these awards.

16.  With respect to the personal hearing, the applicant's request for a personal appearance hearing was carefully considered.  However, by regulation, an applicant is not entitled to a hearing before the ABCMR.  Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR.  In this case, the evidence of record and independent evidence provided by the applicant is sufficient to render a fair and equitable decision at this time.  As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case.

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.  adding to item 22c the entry "USARPAC 00  06 24"; 

	b.  awarding the FSM the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 17 July 1967 through 8 July 1969;

	c.  adding to item 13 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Parachutist Badge 
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar   (M-14)
* 
Sharpshooter Marksmanship Qualification Badge with Rifle Bar   (M-16)
* Three bronze service stars to be affixed to his already-awarded Vietnam Service Medal

	d.  adding to item 30 of his DD Form 214 the entry "Service in Vietnam from 14 December 1968 to 8 July 1969."

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:

* POW status or the POW Medal
* Green Beret status
* Silver Star
* Bronze Star Medal
* Air Medal
* Purple Heart
* Republic of Vietnam Wound Medal
* South Vietnam Armed Forces Honor Medal, 2nd Class



      ____________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)                                         AR20110009540



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ABCMR Record of Proceedings (cont)                                         AR20110009540



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