IN THE CASE OF: 

		BOARD DATE:	    29 April 2014

		DOCKET NUMBER:  AR20130014834 


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 spouse 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 the Purple Heart and all other awards he may be entitled to throughout his service.
 
2.  The applicant states the FSM was shot in the right knee and was in Cam Ranh Bay Hospital.

3.  The applicant provides a copy of an Indiana State Department of Health Death Certificate. 

CONSIDERATION OF EVIDENCE:

1.  The FSM enlisted in the Regular Army on 3 April 1967.  He completed training and was awarded military occupational specialty 71N (Transportation Specialist).  The FSM served in the Republic of Vietnam from 1 October 1968 through           2 November 1969.  He served in the 9th Supply and Transportation Battalion,  9th Infantry Division from 9 October 1968 through 4 August 1969 and 2nd Battalion, 60th Infantry Regiment from 5 August through 2 November 1969. 

2.  His record contains:

   a.  Special Orders Number 148, issued by Headquarters, 22nd Field Army Support Command, Fort Lee, VA, dated 8 July 1968, which show he was awarded the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

   b.  Special Orders Number 158, issued by Headquarters, 22nd Field Army Support Command, Fort Lee, VA, dated 19 July 1968, which show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar    (M-16).

3.  His record does not contain a record of a commander's disqualification for award of the Army Good Conduct Medal which would have precluded him from being recommended for or awarded the Army Good Conduct Medal (1st Award).  His DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency ratings as all "excellent."

4.  On 5 November 1969, he was honorably released from active duty.  His           DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal    
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* Bronze Star Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
 
5.  The FSM's military records contain no medical records showing he was wounded in action or treated for a wound received as a result of enemy action.  His military records also do not contain orders awarding him the Purple Heart.

6.  His DA Form 20 shows in:

* item 40 (Wounds) no entry
* item 41 (Awards and Decorations) no entry for award of the Purple Heart

7.  A review of The Adjutant General's Office Casualty Division's Vietnam Casualty Listing does not show the FSM's name as a casualty.

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the Purple Heart pertaining to the FSM.


9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  This pamphlet shows that during his assignment to:

	a.  9th Supply and Transportation Battalion, his unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through 28 June 1969 and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January through June 1969 by Department of the Army General Orders (DAGO) Number 59, dated 1969; 

	b.  2nd Battalion, 60th Infantry Regiment, his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period July 1969 through 20 July 1970 in DAGO Number 55, dated 1971; and 

	c.  the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation  for the period 26 July 1969 to 20 July 1970 by DAGO 55, dated 1971.

	d.  Paragraph 6 also states that not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will indicate all awards received.

10.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following five campaigns:  

* Vietnam Counteroffensive, Phase V
* Vietnam Counteroffensive, Phase VI
* TET 69 Counteroffensive
* Vietnam Summer-Fall 1969
* Vietnam Winter-Spring 1970

11.  Army Regulation 600-8-22 states the Purple Heart is awarded to members wounded in action and states that in order to award the Purple Heart, there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by military medical personnel, and a record of the medical treatment was made a matter of official record.  

12.  Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have 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.  Special orders awarded the FSM the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16).  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

2.  The evidence of record confirms he served honorably during the period 3 April 1967 through 5 November 1969.  Evidence shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record does not contain a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate at this time to award him this medal for the period 3 April 1967 through 5 November 1969 and to correct his DD Form 214 to show this medal.

3.  Department of the Army Pamphlet 672-3 shows his units were twice cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show these citations.

4.  Records show the FSM participated in five campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to one silver service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show this service star.

5.  With regard to award of the Purple Heart, it was determined there is insufficient evidence to support this request.  The Purple Heart differs from all other decorations in that an individual is not "recommended" for this decoration; rather, the individual is entitled to it upon meeting specific criteria.  Award of the Purple Heart requires a Soldier to have been injured or wounded by hostile action, the wound must have required treatment by medical personnel, and the medical treatment for wounds or injuries received in action must have been made a matter of official record.
6.  Notwithstanding the applicant's statement that the FSM was shot in the right knee and was in Cam Ranh Bay Hospital, the applicant did not provide any medical evidence which indicates the FSM was wounded in action by a hostile force.  In addition, item 40 of his DA Form 20 contains no entries which indicate he was wounded in action and his name is not included on the Vietnam casualty listing, the official Department of the Army list of Vietnam battle casualties.  

7.  The applicant's sincerity is not in question; however, she did not provide sufficient evidence which shows the FSM was wounded or injured as a result of hostile action.  In the absence of such evidence, regrettably, the regulatory burden of proof necessary to support award of the Purple Heart has not been met.

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.  awarding him the Army Good Conduct Medal (1st Award) for the period
3 April 1967 through 5 November 1969;
   
   b.  deleting the Vietnam Service Medal from his DD Form 214; and

	c.  adding the following awards to his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bars      (M-14 and M-16)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award)
* Vietnam Service Medal with one silver service star

2.  The Board further determined that the evidence presented was 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 the Purple Heart. 
 



      _______ _ 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)                                         AR20130014834





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130014834



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1