IN THE CASE OF:	

		BOARD DATE:	  10 October 2013

		DOCKET NUMBER:  AR20130003823 


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), member (FSM), requests correction of the FSM's record to show his award of the Purple Heart.

2.  The applicant states this award is not listed on the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides:

* DD Form 214
* Purple Heart certificate
* Department of Veterans Affairs (VA) Rating Decision, dated 17 January 2013
* FSM's Certificate of Death

CONSIDERATION OF EVIDENCE:

1.  The FSM enlisted in the Regular Army on 7 October 1965 for a period of
4 years.  He completed training and he was awarded military occupational specialty 91B (Medical Specialist).

2.  He arrived in Vietnam on 30 November 1968.  He was subsequently assigned to Headquarters and Headquarters Company, 2nd Battalion (Airmobile),
501st Infantry from 15 December 1968 through 16 September 1969.

3.  The FSM's record contains a DA Form 20 (Enlisted Qualification Record) that shows in:

	a.  item 38 (Record of Assignments) he received all "excellent" conduct and efficiency ratings throughout his service.

	b.  item 40 (Wounds) he received fragment wounds to his right arm on 1 April 1969.

4.  There is no record of any disciplinary actions or a commander's disqualification that would have precluded the FSM from being recommended for or awarded the Army Good Conduct Medal.

5.  On 20 September 1969, the FSM was honorably released from active duty as an overseas returnee.  He completed 3 years, 11 months, and 14 days of total active service.  His DD Form 214 shows he was awarded or authorized the:

* Bronze Star Medal
* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Medical Badge

6.  The applicant submits a copy of an award certificate that shows the FSM was awarded the Purple Heart on 2 April 1969 for wounds he received in action on 
1 April 1969.  This certificate was issued by the 85th Evacuation Hospital.

7.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows the FSM's name is listed as a casualty on 1 April 1969 under casualty status code "23."  This casualty code refers to "hostile wounded in action, not serious, hospitalized."

8.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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, failed to reveal any orders for the Purple Heart pertaining to the FSM.

9.  Army Regulation 600-8-22 (Military Awards) states 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.

10.  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.

11.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states 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 FSM participated in the following three campaigns:

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

12.  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, 501st Infantry, was cited for award of the:

* Presidential Unit Citation for the period 10-21 May 1969 by Department of the Army General Orders (DAGO) Number 16, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 15 August 1968 through 14 May 1969 by DAGO Number 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation for the period 18 March 1968 through 2 May 1970 by DAGO Number 48, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of the FSM's DD Form 214 to show the Purple Heart.

2.  The FSM's record is void of orders awarding him the Purple Heart; however, his DA Form 20 indicates he wounded a fragmentation wound to the right arm on 1 April 1969.  The Vietnam casualty listing confirms the FSM was wounded in action in Vietnam on 1 April 1969.  These documents are accepted as sufficient evidence to correct his DD Form 214 to show the award of the Purple Heart.

3.  Evidence shows he participated in three campaigns during his service in the Vietnam that entitled the FSM to three bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

4.  His unit in Vietnam was cited for award of the Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his service in Vietnam.  Therefore, the FSM's DD Form 214 should be corrected to show these unit awards.

5.  Evidence shows the FSM received all "excellent" conduct and efficiency ratings during his period of service with no court-martial convictions.  There is also no evidence of a commander's disqualification that would have precluded the FSM from being recommended for or awarded the first award of the Army Good Conduct Medal.  It appears an administrative error occurred that resulted in the FSM not receiving the Army Good Conduct Medal (1st Award) for the period 7 October 1965 through 6 October 1968.  Therefore, it would be appropriate at time to correct the FSM's DD Form 214 to show this 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 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 7 October 1965 through 6 October 1968;

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

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation



      ____________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)                                         AR20130003823



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ABCMR Record of Proceedings (cont)                                         AR20130003823



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