IN THE CASE OF:	   

		BOARD DATE:	  30 October 2014

		DOCKET NUMBER:  AR20140005571 


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 on behalf of her husband, a deceased former service member (FSM), all authorized awards.

2.  The applicant states the FSM's data is incomplete on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides:

* DD Form 214
* Headquarters, 7th Surgical Hospital (Mobile Army), General Orders Number 44, dated 27 August 1968
* Purple Heart Certificate, dated 25 August 1968
* Headquarters, 101st Airborne Division, General Orders Number 9561, dated 30 November 1968
* Army Commendation Medal (ARCOM) Citation
* Headquarters, U.S. Army Training Center and Fort Leonard Wood, Special Orders Number 148, dated 28 May 1969
* State of Tennessee Office of Vital Records, Certificate of Death, dated 
18 January 2014

CONSIDERATION OF EVIDENCE:

1.  The FSM was inducted into the Army of the United States on 18 October 1967.  He completed training and was awarded military occupational specialty (MOS) 11C, Infantry Indirect Fire Crewman.
2.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam during the period 3 April through 31 October 1968, where he was assigned to 
A and B Companies, 3rd Battalion, 506th Infantry Regiment, in duty MOS 11C and 11B (ammunition bearer).

3.  His DD Form 214 shows award of the:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with rifle bar
* Republic of Vietnam Campaign Medal with 1960 Device

4.  There is no evidence of a commander's disqualification that would have disqualified the FSM from being recommended for or awarded the first award of the Army Good Conduct Medal (AGCM).  

5.  The applicant provided Headquarters, 7th Surgical Hospital General Orders Number 44, dated 27 August 1968, awarding the FSM the Purple Heart for wounds received on 25 August 1968 in connection with military operations against a hostile force.  His DA Form 20 shows he had all "excellent" in conduct and efficiency ratings.

6.  The applicant provided Headquarters, 101st Airborne Division General Orders Number 9561, dated 30 November 1968, awarding the FSM the ARCOM for distinguishing himself by meritorious achievement in ground operations in the Republic of Vietnam during the period of 1 May through 30 September 1968.

7.  Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge (CIB) is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  

8.  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 3rd Battalion, 506th Infantry was cited for the:

* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 through May 1970 by Department of the Army General Orders (DAGO) Number 48, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 through 14 May 1969 by DAGO Number 43, dated 1970

9.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This 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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

10.  Army Regulation 600-8-22 provides that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  The FSM participated in the following two campaigns:

* Vietnam Counteroffensive Phase IV (2 April 1968 – 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July 1968 – 1 Nov 1968)

11.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940, 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.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the FSM the Purple Heart and the ARCOM; therefore, he is entitled to correction of his DD Form 214 to show the Purple Heart and the ARCOM.  

2.  The FSM held MOS 11C, was assigned to an infantry unit of brigade, regimental, or smaller size and participated in combat operations during a period that coincides with the period for which he was awarded the Purple Heart, for wounds received in action.  In view of the available evidence and in the absence of any evidence to the contrary, it is reasonable to presume that he actively participated in ground combat.  Therefore, it would be appropriate to award him the CIB and correct his DD Form 214 to show this badge.

3.  General orders awarded the unit to which the FSM was assigned while in Vietnam the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  The FSM served in two campaigns periods of service for award of the VSM.  Therefore, he is entitled to correction of his DD Form 214 to show this award and two bronze service stars.

5.  The FSM served honorably during the period 18 October 1967 through 29 May 1969.  There is no evidence in his record of disciplinary actions or a commander's disqualification.  Therefore, it would be appropriate to award him the AGCM (1st Award) and to correct his 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 amended by:

* Awarding him the Combat Infantryman Badge, for action on 25 August 1965
* Awarding him the Army Good Conduct Medal (1st Award) for the period of 18 October 1967 through 29 May 1969
* correcting his DD Form 214 to show the:

* Army Commendation Medal
* Purple Heart
* Combat Infantryman Badge
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation








* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Vietnam Service Medal with two bronze service stars
* Army Good Conduct Medal (1st Award)



      ____________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)                                         AR20140005571



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ABCMR Record of Proceedings (cont)                                         AR20140005571



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