IN THE CASE OF:  

		BOARD DATE:  2 December 2014	  

		DOCKET NUMBER:  AR20140006310 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) pertaining to his brother, a deceased former service member (FSM), to reflect award of the Purple Heart.

2.  The applicant states his brother was awarded the Purple Heart, but it is not reflected on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* Certificate of Death
* photograph of Purple Heart medal engraved with the FSM's name

CONSIDERATION OF EVIDENCE:

1.  The FSM was inducted into the Army of the United States on 5 December 1967.

2.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 19 May 1968 through on or about 18 October 1968 where he was assigned to Battery A, 1st Battalion, 8th Artillery Regiment, 25th Infantry Division.

3.  He was honorably released from active duty on 4 December 1969.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)

4.  There is no evidence of a commander's disqualification that would have precluded the FSM from being recommended for or awarded the first award of the Army Good Conduct Medal.  His DA Form 20 shows he had all "excellent" conduct and efficiency ratings. 

5.  The FSM's records contain multiple Western Union Telefaxes from The Adjutant General informing his mother that he was wounded in Vietnam on 6 August 1968 as a result of hostile action, placed on the seriously ill list, and hospitalized for the injury.

6.  The FSM's records also contain:

* Headquarters, U.S. Army Training Center, Field Artillery, Special Orders Number 41, dated 16 February 1968, awarding him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Headquarters, 5th Infantry Division (Mechanized) and Fort Carson, Special Orders Number 21, dated 21 January 1969, awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

7. Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, prescribed Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It stated:

	a.  The Purple Heart is awarded for a wound sustained while in action against an enemy or 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 medical personnel, and the medical treatment must have been made a matter of official record.

	b.  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 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.

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 1st Battalion, 8th Artillery, was awarded the:
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January 1966 through August 1968 by Department of the Army General Orders (DAGO) Number 48, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 through 30 September 1970 by DAGO Number 5, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 31 March 1966 through 21 January 1970 by DAGO Number 51, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  The Western Union Telefaxes informing the FSM's mother that he was wounded in action in Vietnam on 6 August 1968 as a result of hostile action, placed on the seriously ill list, and hospitalized for the injury corroborate the FSM's entitlement to award of the Purple Heart.  Therefore, it would be appropriate to correct his DD Form 214 to show this award.

2.  The FSM served honorably during the period 5 December 1967 through 4 December 1969.  There is no evidence in his records of disciplinary actions or a commander's disqualification.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

3.  Special orders awarded the FSM the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to correction of his DD Form 214 to show these marksmanship badges.

4.  General orders awarded the unit to which the FSM was assigned in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation on two occasions as well as the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.



BOARD VOTE:

____X___  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

* awarding him the Army Good Conduct Medal (1st Award) for the period 5 December 1967 through 4 December 1969
* adding to his DD Form 214 the following awards:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation



      ____________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)                                         AR20140006310



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ABCMR Record of Proceedings (cont)                                         AR20140006310



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