BOARD DATE:	  21 August 2014

		DOCKET NUMBER:  AR20140001287 


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 former service member (FSM), requests that the Bronze Star Medal, Purple Heart, and any other medals he earned be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 10 June 1970.

2.  The applicant states her husband earned these medals in the Republic of Vietnam and they should have been on his DD Form 214.  Her husband was not aware that he could have them added to his DD Form 214. 

3.  The applicant provides the FSM's 

* DD Form 214
* death certificate 

CONSIDERATION OF EVIDENCE:

1.  On 5 November 1968, he was inducted into the Army of the United States.  

2.  He served in the Republic of Vietnam from 26 May 1969 to 8 June 1970.  He was:

* assigned to the 557th Military Police (MP) Company from 31 May 1969 to 
8 June 1970
* attached to the 284th MP Company from 31 May to 27 November 1969

3.  The DA Form 20 (Enlisted Qualification Record) is a record of a Soldier's history in the Army.

* Item 38 (Record of Assignments) shows he received conduct and efficiency ratings of "excellent" throughout his period of service
* Item 40 (Wounds) does not contain any entries indicating that the FSM received any wounds or injuries as a result of hostile or enemy action
* Item 41 (Awards and Decorations) does not show he was awarded the Bronze Star Medal or any Purple Hearts.  It does show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar

4.  There is no recommendation in the FSM's Military Personnel Records Jacket (MPRJ) to award him the Bronze Star Medal.

5.  There are no orders in the FSM's MPRJ awarding him the Bronze Star Medal or the Purple Heart.

6.  The applicant's name does not appear on the Vietnam casualty roster.

7.  On 10 June 1970, he was released from active duty.  He completed 1 year, 
7 months, and 6 days of active service that was characterized as honorable.  His 
DD Form 214 shows he was authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

8.  There is no evidence the FSM received the first award of the Army Good Conduct Medal.  There also is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  

9.  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 awarding him the Bronze Star Medal or the Purple Heart.





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

	a.  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 in 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.  

	b.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

	c.  The award of a bronze service star is authorized based on qualifying service for each campaign listed in Table B-1 of this regulation.  Authorized service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.

	d.  Based on his dates of service in Vietnam, Table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers) shows he participated in the following campaigns:

* Tet 69 Counteroffensive, 1969 (23 February 1969 - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June 1969 - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* DA Sanctuary Counteroffensive (1 May 1970 - 30 June 1970)

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  This pamphlet shows that, during the time the FSM was attached to the 284th MP Company the unit was awarded the:

* Meritorious Unit Commendation (Army) - 1 November 1968 - 1 April 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation - 
29 September 1966 - 28 March 1973

12.  Army Regulation 672-5-1 (Military Awards), then in effect, provided, in pertinent part, that the Purple Heart was awarded to any member of an Armed Force or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. armed services had been wounded, killed, or who had died as a result of a wound sustained 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 a medical officer, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  There is no recommendation or orders in the FSM's MPRJ for the award of the Bronze Star Medal.  His DA Form 20 does not indicate he was awarded the Bronze Star Medal.  A review of ADCARS failed to reveal any orders awarding him the Bronze Star Medal.  Therefore, there is insufficient evidence to support adding the Bronze Star Medal to his DD Form 214.

2.  There are no orders in the FSM's MPRJ awarding him the Purple Heart.  His DA Form 20 does not indicate that he was wounded or injured as a result of hostile or enemy action.  His name is not listed on the Vietnam casualty listing.  A review of ADCARS failed to reveal any orders awarding him the Purple Heart.  Therefore, there is insufficient evidence to support adding the Purple Heart to his DD Form 214.

3.  The FSM's records do not show indiscipline, lost time, or a record of courts-martial.  He received "excellent" conduct and efficiency ratings throughout his military service and there is no record of a commander's disqualification.  Therefore, the evidence is sufficient to show the FSM was eligible for award of the Army Good Conduct Medal (1st Award) based on completion of qualifying service from 5 November 1968 to 10 June 1970 ending with the termination of a period of active Federal service.

4.  Based on his service with the 284th MP Company he is authorized the Meritorious Unit Commendation (Army) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  These awards should be added to his DD Form 214.

5.  The FSM participated in four campaigns while assigned in the Republic of Vietnam.  Therefore, he is authorized four bronze service stars to be worn on his Vietnam Service Medal.

6.  The FSM's DA Form 20 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, this badge should be added to his DD Form 214.

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 (First Award) for the period of service from 5 November 1968 to 10 June 1970; and

	b.  amending his DD Form 214 with an effective date of 10 June 1970 by deleting the Vietnam Service Medal and adding the:

* Army Good Conduct Medal (First Award)
* Meritorious Unit Commendation (Army) 
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

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 the Bronze Star Medal and 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)                                         AR20140000386



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ABCMR Record of Proceedings (cont)                                         AR20140001287



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