IN THE CASE OF:  	  

		BOARD DATE:  12 November 2014	  

		DOCKET NUMBER:  AR20140006332 


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, in effect, correction of the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 31 January 1969 to show the Purple Heart (PH) and Bronze Star Medal (BSM).  

2.  The applicant states, in effect, that she desires these corrections so the awards may be shown on the FSM's grave marker.  

3.  The applicant provides:

* the FSM's DD Form 214 for the period ending 31 January 1969
* orders
* Standard Form 180 (Request Pertaining to Military Records)
* the FSM's Certificate of Death
* Department of Veterans Affairs grave marker request form
* Marriage Record

CONSIDERATION OF EVIDENCE:

1.  With prior service in the Ohio Army National Guard, on 11 November 1964, the FSM enlisted in the Regular Army.  His record shows he held infantry military occupational specialties throughout his service.  He was promoted to sergeant (SGT)/E-5 effective 27 July 1966.

2.  On 28 July 1967, Headquarters, 3rd Armored Division, issued Special Orders Number 193 awarding him the Expert Infantryman Badge (EIB).

3.  He was assigned to duty in Vietnam with Headquarters and Headquarters Company, 4th Battalion, 31st Infantry, 196th Light Infantry Brigade, from 11 October to 30 November 1967.  He held primary military occupational specialty 11F (Infantry Operations and Intelligence Specialist) during this period while performing principal duty as a Team Chief.  He participated in one campaign.  

4.  On 9 November 1967, Headquarters, 2nd Surgical Hospital (Mobile Army), issued General Orders Number 142 awarding him the PH for wounds incurred in action on 8 November 1967.  

5.  On 31 January 1969, he was retired for permanent disability.  The DD Form 214 issued at that time shows he completed 4 years, 2 months, and 20 days of net active service this period and he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal (VSM), Republic of Vietnam (RVN) Campaign Medal with Device (1960), and Expert Marksmanship Qualification Badge with Rifle Bar.  

6.  His record is void of documentation showing he was awarded the BSM, and the applicant has not provided documentary evidence showing he received this award.  

7.  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 Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the BSM pertaining to the FSM.

8.  Army Regulation 600-8-22 (Military Awards) states the BSM 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.  

9.  Review of the FSM's record indicates he is entitled to additional awards not listed on his DD Form 214.

10.  His records are void of documentation indicating he was awarded the Army Good Conduct Medal (AGCM).  There are no adverse actions recorded in the available records, and there is no record of a disqualification by his chain of command that would have precluded him from being recommended for or awarded the AGCM.  He received all "excellent" conduct and efficiency ratings, with the exception of three periods of "unknown" ratings when he was in a casual and patient status.  

11.  Army Regulation 672-5-1 (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.  The enlisted person must have had all “excellent” conduct and efficiency ratings.  Ratings of “unknown” for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.  

12.  Army Regulation 600-8-22 states a bronze service star will be awarded for wear on the VSM for participation in each credited campaign.  

13.  Army Regulation 600-8-22 states there are basically three requirements for award of the Combat Infantryman Badge (CIB).  The Soldier must be an infantryman satisfactorily performing infantry duties; he must be assigned to an infantry unit of brigade, regimental, or smaller size during such time as the unit is engaged in active ground combat; and he must actively participate in such ground combat.

14.  Department of the Army General Orders Number 8, dated 1974, announced   award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, USARV, and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The FSM's record is void of documentation showing he was recommended for or awarded the BSM, and the applicant has not provided documentary evidence indicating the FSM received this award.  Absent orders awarding the FSM the BSM, or official documentation confirming that such orders were published, there is an insufficient basis upon which to correct the FSM's DD Form 214 to show this award.  

2.  The applicant is advised that if she has a copy of orders awarding the BSM to the FSM, or official documentation confirming that such orders were published, she may submit a request for reconsideration.  

3.  General orders awarded the PH to the FSM.  He is entitled to correction of his final DD Form 214 to show this award.  

4.  Special orders awarded the EIB to the FSM.  He is entitled to correction of his final DD Form 214 to show this badge.

5.  The FSM received "excellent" conduct and efficiency ratings during his service, he was promoted to SGT, and there is no record of any disciplinary action taken against him.  Based on his overall record of service, it appears that an administrative error occurred resulting in him not being recommended for or awarded the first award of the AGCM.  Therefore, it would be appropriate at this time to award him the AGCM (1st Award) for the period 11 November 1964 to 10 November 1967 and correct his final DD Form 214 to show this award.

6.  The FSM was awarded the VSM and he participated in one campaign.  Therefore, he is entitled to correction of his final DD Form 214 to show one bronze service star for wear on his previously-awarded VSM.

7.  During his service in Vietnam, the FSM was an infantry SGT assigned to an infantry company and he was wounded in action.  The preponderance of evidence indicates that he met the criteria for award of the CIB.  Therefore, it would be appropriate to award the FSM the CIB effective the date he was wounded and to add it to his final DD Form 214.

8.  The FSM was assigned to a unit subordinate to USARV during a period for which all such units were cited for award of the RVN Gallantry Cross with Palm Unit Citation.  He is entitled to correction of his final DD Form 214 to show this unit award.  

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 AGCM (1st Award) for the period 11 November 1964 to 10 November 1967; 

	b.  awarding him the CIB effective 8 November 1967; and

	c.  amending his DD Form 214 for the period ending 31 January 1969 by deleting the Vietnam Service Medal and adding the –  

* PH
* AGCM (1st Award)
* VSM with one bronze service star
* CIB
* EIB
* RVN Gallantry Cross with Palm Unit Citation

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 the BSM.  




      __________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)                                         AR20140006332





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ABCMR Record of Proceedings (cont)                                         AR20140006332



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