IN THE CASE OF:	  

		BOARD DATE:	   24 April 2014 

		DOCKET NUMBER:  AR20130014183 


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 correction of the records of her late husband, a former service member (FSM), to show award of the Medal of Honor, Silver Star, Bronze Star Medal, Purple Heart, and all awards to which he is entitled.

2.  The applicant states her husband's records preclude his name from being added to the memorial in New York for all Purple Heart recipients because they are not up to date.  His records need to be corrected to add his name to the rest of the Purple Heart recipients.  Her husband was killed in action.  He was awarded the Silver Star, Bronze Star Medal, and various other awards.  He was also awarded the Medal of Honor by the Chinese government, various weapons qualification badges, and Parachutist Badge.

3.  The applicant provides a copy of their marriage license.

CONSIDERATION OF EVIDENCE:

1.  The FSM enlisted in the Regular Army on 28 April 1961 and he held military occupational specialty 141.60 (light and medium field artillery crewman).  He was promoted to pay grade E-5 on 6 August 1962.

2.  He was honorably discharged on 21 January 1963 for the purpose of accepting a commission as an officer in the Army.  He completed 1 year, 8 months, and 24 days of net active service with no lost time.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded or authorized the Marksman Marksmanship Qualification Badge with Rifle Bar and a letter of appreciation.

3.  His DA Form 20 (Enlisted Qualification Record) does not show his conduct and efficiency ratings during this period of service; however, this form shows he completed 22 weeks of the Officer Candidate School in 1963 and there is no evidence of a commander's disqualification for award of the Army Good Conduct Medal during this period of service.

4.  He was appointed as a second lieutenant in the U.S. Army Reserve in the Signal Corps on 22 January 1963 with concurrent call to active duty.  He was promoted to captain on 20 January 1969.

5.  His records contain the following:

	a.  A Department of the Army Office of Personnel Operations memorandum, dated 18 May 1965, subject:  Approval of Extension of Service, shows he was approved for retention on active duty.

	b.  A DD Form 1300 (Report of Casualty), dated 15 May 1969, shows he was killed in action in Vietnam on 9 May 1969.  This form shows he was assigned to Headquarters and Headquarters Company, 3d Battalion, 8th Infantry Regiment, 4th Infantry Division.  He was posthumously promoted to major on 30 August 1969.

	c.  A Certificate of Military Service, dated 15 November 1991, shows his enlisted service from 28 April 1961 to 21 January 1963 and his commissioned service from 22 January 1963 through 9 May 1969.

	d.  A U.S. Army Human Resources Command (HRC) letter, dated 22 August 2011, shows HRC advised the applicant of the FSM's entitlement to the following awards:

* Purple Heart
* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

6.  There are no orders in the FSM's records awarding or authorizing him the Medal of Honor, Silver Star, Bronze Star Medal, or Parachutist Badge during his military service.

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general or special orders issued during the Vietnam era between 1965 and 1973 maintained by the HRC Military Awards Branch, failed to reveal any orders for any awards pertaining to the FSM.

8.  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 the first award only, 1 year served entirely during the period 7 December 1941 through 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.

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

	a.  The Medal of Honor is awarded by the President in the name of Congress to a person who, while a member of the Army, distinguishes himself or herself conspicuously by gallantry and intrepidity at the risk of his or her life above and beyond the call of duty while engaged in an action against an enemy of the United States; while engaged in military operations involving conflict with an opposing foreign force; or while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party.  The deed performed must have been one of personal bravery or self-sacrifice so conspicuous as to clearly distinguish the individual above his comrades and must have involved risk of life.  Incontestable proof of the performance of the service will be exacted and each recommendation for the award of this decoration will be considered on the standard of extraordinary merit.

	b.  The Silver Star is awarded to a person who, while serving in any capacity with the U.S. Army, is cited for gallantry in action against an enemy of the United States while engaged in military operations involving conflict with an opposing foreign force, or while serving with friendly foreign forces engaged in armed conflict against an opposing armed force in which the United States is not a belligerent party.  The required gallantry, while of a lesser degree than that required for the Distinguished Service Cross, must nevertheless have been performed with marked distinction.

	c.  The Bronze Star Medal is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished himself or herself by heroic or meritorious achievement or service not involving participation in aerial flight in connection with military operations against an armed enemy or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.

	d.  The Purple Heart is awarded to members of the Armed Forces of the United States who, while serving under component authority in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed or who has died or may hereafter die after being wounded in any action against an enemy of the United States.

	e.  To be eligible for award of the basic Parachutist Badge, an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School or have participated in at least one combat parachute jump as a member of an organized force carrying out an assigned tactical mission for which the unit was credited with an airborne assault landing by the theater commander.

	f.  To eligible for the Senior Parachutist Badge, an individual must have been rated "excellent" in character and efficiency and participated in a minimum of 30 jumps, to include 15 jumps with combat equipment, two night jumps made during the hours of darkness (regardless of time of day with respect to sunset), one of which as jumpmaster of a stick, and 2 mass tactical jumps which culminate in an airborne assault problem with either a unit equivalent to a battalion or larger, a separate company/battery, or an organic staff of regimental size or larger.

	g.  To be eligible for the Master Parachutist Badge, an individual must have been rated "excellent" in character and efficiency and participated in a minimum of 65 jumps, to include 25 jumps with combat equipment carried by the individual in combat whether the jump was in actual or simulated combat, 4 night jumps made during the hours of darkness, and 5 mass tactical jumps which culminate in an airborne assault problem with a unit equivalent to a battalion or larger, a separate company/battery, or an organic staff of regimental size or larger.

10.  Title 10, U.S. Code, section 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.

11.  The requests, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, HRC, 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 awards.  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 of researching and assembling supporting information rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the FSM attained pay grade E-5, completed the Officer Candidate School, and was honorably discharged and commissioned as an officer.  There is no evidence of a commander's disqualification for award of the Army Good Conduct Medal during his period of enlisted service from 28 April 1961 to 21 January 1963.  Notwithstanding the absence of a record of his conduct and efficiency ratings, it appears he met the criteria for award of the Army Good Conduct Medal for this period of service.

2.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for his period of enlisted service from 28 April 1961 through 21 January 1963 and this medal should be added to his DD Form 214 for the ending on 21 January 1963.

3.  In a letter, dated 22 August 2001, HRC confirmed the FSM's entitlement to award of the Purple Heart, National Defense Service Medal, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honors Medal First Class Unit Citation.  The available records also show he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar.  There are no provisions for issuing a DD Form 214 to show these awards.  The FSM's available records properly identify the foregoing awards.  The applicant was provided with a copy of this letter by separate correspondence.

4.  With respect to award of the Medal of Honor, there is no evidence of record and the applicant provided none to show the FSM was recommended for or awarded the Medal of Honor during his period of service in Vietnam.  Absent any evidence of record or independent evidence provided by the applicant that shows the FSM was recommended for or awarded the Medal of Honor by the proper authority, her request exceeds these statutory and regulatory time limitations.  Based on the application and the evidence of record, it does not appear that the FSM was recommended for or awarded the Medal of Honor.  Therefore, there is insufficient evidence to correct his records to show this award.

5.  With respect to award of the Silver Star, by regulation the evidence must show the individual was cited for gallantry in action against an enemy of the United States.  The available evidence is void of any information that shows the FSM was authorized, awarded, or met the criteria for award of the Silver Star during his period of service in Vietnam.  In the absence of additional documentation that conclusively shows the FSM met all the criteria for award of the Silver Star, there is insufficient evidence to correct his records to show this award.

6.  With respect to award of the Bronze Star medal, the applicant has provided no orders showing the FSM was awarded the Bronze Star Medal.  Also, there was no evidence found either in his service personnel records or in the ADCARS data base to support the addition of this award to the FSM's records.

7.  While the available evidence is insufficient for correcting the FSM's records to show award of the Medal of Honor, Silver Star, and Bronze Star Medal, this in no way affects the applicant's right to pursue her claim for these awards for the FSM by submitting a request through a Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

8.  There is also no evidence of record and the applicant provided none showing the FSM met the criteria for the Parachutist Badge.  Therefore, there is insufficient evidence to support the addition of the Parachutist Badge to the FSM's records.

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 awarding the FSM the Army Good Conduct Medal for his period of service from 28 April 1961 through 21 January 1963 and adding this award to his DD Form 214 for the period ending 21 January 1963.

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 correction of the FSM's records to show award of the Medal of Honor, Silver Star, Bronze Star Medal, Parachutist Badge, and any other awards.

3.  The Board wants the applicant and all others to know the sacrifices the FSM made in service to the United States during the Vietnam Conflict are deeply appreciated.  The applicant and all Americans should be justifiably proud of the FSM's 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)                                         AR20130012014



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ABCMR Record of Proceedings (cont)                                         AR20130014183



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