BOARD DATE:	  17 July 2014

		DOCKET NUMBER:  AR20130020755 


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 deceased brother, a former service member (FSM), be corrected to show all awards to which he is entitled.

2.  The applicant states:

   a.  the FSM was issued medals for his service in Vietnam subsequent his military service when his military record was declassified in the 1980s or 1990s;
   
   b.  the FSM had his medals at the time of his death in November 2012; however, they are not all not listed on his DD Form 214;
   
   c.  in order to obtain a grave marker from the Department of Veterans Affairs (VA), the FSM's DD Form 214 must be updated to reflect all awards earned; and
   
   d.  she would like to know what awards the FSM received when his record was declassified?

3.  The applicant provides:

* DD Form 214
* VA Letter
* Certification of Death
* DD Form 4 (Enlistment Record-Armed Forces of the United States)
* Army Commendation Medal (ARCOM) Citation
* DA Form 20 (Enlisted Qualification Record)
* Birth Certificate

CONSIDERATION OF EVIDENCE:

1.  The FSM enlisted in the Regular Army on 14 March 1966.  He was trained in and awarded military occupational specialty 97B (Military Intelligence Specialist).

2.  His DA Form 20 shows he completed a Republic of Vietnam (RVN) tour from 6 October 1966 to 2 October 1967.  He served with the 580th Military Intelligence (MI) Detachment (Counterintelligence) with duty with the 524th MI Detachment.

3.  On 11 April 1969, the FSM was honorably released from active duty after completing 3 years and 28 days of creditable active service.  His DD Form 214 lists the following awards:

* National Defense Service Medal
* Army Commendation Medal
* Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar
* Vietnam Service Medal (VSM)
* RVN Campaign Medal
* Marksman Marksmanship Qualification Badge with .38 Caliber Pistol Bar
* Army Good Conduct Medal
* One Overseas Service Bar

4.  The FSM's official military personnel file (OMPF) does not contain any documents to show his record was declassified in 1980, 1990, or at any other time.  It also fails to include any evidentiary documents to show he was issued any additional awards based on his overall service or service in the RVN.

5.  The applicant provides a letter from the Site Supervisor, VA, National Cemetery Administration, dated 27 June 2013.  It shows a request to have the Bronze Star Medal (BSM) and Purple Heart (PH) inscribed on the FSM's monument could not be authorized without the appropriate governmental documentation evidencing his receipt of these awards.

6.  Item 40 (Wounds) of the FSM's DA Form 20 is blank.  There are no orders or any other documents in the FSM's OMPF to show he was ever awarded or recommended for award of the BSM or PH.

7.  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 BSM or the PH pertaining to the applicant.

8.  During the processing of this case, a member of the Board's staff reviewed the Department of the Army Vietnam Casualty Roster.  There is no entry pertaining to the FSM.

9.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  

	a.  The Purple Heart is authorized for award to a member of the Armed Forces of the United States who, while serving 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 die after being wounded in any action against an enemy of the U.S.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

   b.  The VSM is awarded to all members of the Armed Forces of the United States serving in Vietnam and contiguous waters or airspace there over, after 3 July 1965 through 28 March 1973.  A bronze service star is authorized with the VSM for each Vietnam campaign in which a member participated.  Appendix B of the awards regulation shows that during the applicant's service in RVN, participation credit was awarded for the following two campaigns:

* Vietnam Counteroffensive Phase II
* Vietnam Counteroffensive Phase III

	c.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged n military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

10.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during the FSM's tenure of assignment in the RVN his unit (580th MI Detachment) earned the Meritorious Unit Commendation (MUC).

11.  Department of the Army General Order Number 8, dated 1974, authorized award of the RVN Gallantry Cross with Palm Unit Citation to all units assigned to the RVN from 8 February 1962 through 28 March 1973.

12.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that based on the FSM's RVN service and campaign participation he is authorized the MUC, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars for wear on his already-awarded VSM.  Therefore, it would be appropriate to add these awards to his DD Form 214.

2.  In respect to the VA Site Supervisor's request for governmental documentation to verify the FSM's receipt of the BSM and PH in order to substantiate his entitlement to a grave marker, there are no general orders available that show he was awarded the BSM or PH.  The evidence of record failed to contain any documents showing the applicant met the regulatory criteria necessary for award of the PH.  Absent any official evidentiary documents confirming the FSM's entitlement to the PH and BSM, he is not authorized these awards.

3.  The FSM’s DD Form 214 should also be corrected to show two Overseas Service Bars.

4.  In view of the foregoing, the FSM's records should be corrected as recommended below.


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 amending his DD Form 214 by deleting one Overseas Service Bar and the Vietnam Service Medal with bronze service star and adding the following:

* Vietnam Service Medal with 2 bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Two Overseas Service Bars



      _______ _  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)                                         AR20130020755





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ABCMR Record of Proceedings (cont)                                         AR20130020755



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