PROCEEDINGS

	IN THE CASE OF:        .

	BOARD DATE:            26 August 2003
	DOCKET NUMBER:   AR2003085066

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Luis Almodova		Analyst	

The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Robert Duecaster		Member	
	Ms. Marla J. Troup		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
            records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant, the son of a deceased former service member (FSM), requests, in effect, that the FSM be awarded the Purple Heart.

3.  The applicant states, in effect, that the FSM received the Purple Heart, which the family has, but it is not listed on his discharge papers or on any other record that they have.  The applicant adds that his father received the Purple Heart on the USS Sanctuary after being wounded in Vietnam on 1 February 1968.

4.  The applicant submitted a copy of the FSM's DD Form 214, Report of Transfer or Discharge; a PC 572, Letter of Authority for Personal Representative for the State of Michigan, Probate Court, County of Monroe; a copy of his birth certificate, to establish relationship; a copy of the FSM's death certificate; and a clipping from a newspaper.

5.  The FSM's military records show that he was inducted into the Army of the United States on 28 September 1966.  He received his basic combat training at Fort Leonard Wood, Missouri, and his advanced individual training at Fort Hood, Texas.  Upon completion of all required military training, he was awarded military occupational specialty (MOS) 11C, Infantry Indirect Fire Crewman.

6.  The FSM was assigned to C Company, 1st Battalion, 46th Infantry, 198th Infantry Brigade, Fort Hood, Texas, and was later reassigned to the Republic of Vietnam (RVN) on 4 October 1967 as part of a unit move.  He remained in this unit until he received fragmentation wounds to his right hand, right shoulder, and right leg, from an exploding mine, in action against a hostile enemy near Chu Lai at about 1800 hours on 1 February 1968.  The FSM received initial treatment for his wounds on board the USS Sanctuary and was later transported to the US Army Hospital, Camp Zama, Japan, to recuperate.  On 5 March 1968, after his recuperation, the FSM was returned to the RVN and to his original unit of assignment to complete his overseas tour of duty.  The FSM departed the RVN on 10 August 1968.

7.  An entry appears in Item 25 (Selected Administrative Data) DA Form 8-275-2, Clinical Record Cover Sheet, which states, "PH: Not awarded this hospital."

8.  Item 40 (Wounds), of the FSM's DA Form 20, Enlisted Qualification Record, is blank.  There is no entry in Item 41 (Awards and Decorations), of the DA Form 20, showing that the FSM was awarded the Purple Heart.  There are no orders in the FSM's military personnel records awarding him the Purple Heart. 

9.  A search of the FSM's available health records revealed a collection of medical treatment records which span the period from 1 February 1968, the date 

the FSM was wounded, through 5 March 1968, the date he was restored to duty.  This evidence shows that the wounds the FSM sustained were the result of hostile action, that the wounds required medical treatment and that the medical treatment was made a matter of official record.

10.  The available health records also contain a Standard Form 89, Report of Medical History, and a Standard Form 88, Report of Medical Examination, both dated 10 August 1968.  These forms were completed as part of routine medical procedures in preparing service personnel for separation from the Army.  Both these forms contain reference to the wounds he sustained while he was on duty in the RVN.

11.  While in the RVN, the FSM participated in the following 4 campaigns:  the Vietnam Counteroffensive, Phase III, which extended from 1 June 1967 through 29 January 1968; the Tet Counteroffensive, which extended from 30 January 1968 through 1 April 1968; the Vietnam Counteroffensive, Phase IV, which extended from 2 April through 30 June 1968; and the Vietnam Counteroffensive, Phase V; which extended from 1 July through 1 November 1968.

12.  The FSM was honorably released from active duty on 28 September 1968 for the purpose of attending school.  He was transferred to the US Army Reserve Control Group (Annual Training) in the rank and pay grade, Private First Class, E-3.  On his release from active duty, he had 1 year, 10 months, and 14 days active Federal service with no lost time.  The FSM's DD Form 214, in Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows that he was awarded the following: "NDSM, Exp (M14), SPS (M-16), VSM, VCM, 1 O/S Bar, and the CIB."  The Purple Heart is not shown on this document.

13.  The FSM was awarded the Expert Marksmanship Qualification Badge with Mortar Bar in Paragraph 25, Special Orders 59 published by Headquarters, 2nd Armored Division, Fort Hood, Texas, dated 28 February 1967 and the First Class Gunner (now known as the Sharpshooter) Marksmanship Qualification Badge with Machinegun Bar in Paragraph 17, Special Orders 63 published by Headquarters, 198th Infantry Brigade, Fort Hood, Texas, dated 26 September 1967.

14.  Army Regulation (AR) 600-8-22 sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.

15.  The above regulation provides, in pertinent part, that the Purple Heart is awarded for 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 required medical treatment, and the medical treatment was made a matter of official record.

16.  This same regulation provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  The FSM's conduct and efficiency were consistently "Excellent" throughout his service.

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that the units the applicant served with, C Company, 1st Battalion, 46th Infantry, 198th Infantry Brigade, a subordinate unit of the US Army Vietnam, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 20 July 1965 to 28 March 1973 by Department of the Army General Orders Number 8 dated 1974.  The FSM's DD Form 214 does not show this award as an authorized award.  This award was made to his unit after he had been released from active duty.

18.  AR 600-8-22 authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.

19.  AR 670-1, in effect at the time, governed the requirements for the Overseas Service Bar.  In pertinent part, it provided that 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.  One overseas service bar is authorized for each six-month period served in the Republic of Vietnam.  To calculate the entitlement, both the month of arrival and month of departure are counted as a whole month no matter the number of days in that month that were spent in the hostile fire zone.

20.  AR 635-5 governs the preparation and distribution of the DD Form 214.  The regulation specifies that awards and decorations will be listed in the priority 

sequence specified in AR 600-8-22.  Abbreviations and other forms of contractions are prohibited in this item.

CONCLUSIONS:

1.  To be awarded the Purple Heart, the evidence would have to show that the FSM was wounded and that:  (a) the wound was the result of hostile action; (b) the wound required medical treatment; and (c) the medical treatment was made a matter of official record.  There is ample evidence that the FSM was wounded in action against a hostile enemy while he was in the Republic of Vietnam.  The FSM is therefore entitled to award of the Purple Heart.

2.  The FSM was present and participated in 4 campaigns during his tenure in the Republic of Vietnam; therefore, he is entitled to 4 bronze service stars to be affixed to his already awarded Vietnam Service Medal.

3.  The FSM served with, C Company, 1st Battalion, 46th Infantry, 198th Infantry Brigade, during the period it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  The FSM's DD Form 214 does not show this award as an authorized award because it was awarded to his unit after he had been released from active duty.  It would be appropriate to add this unit award to the FSM's DD Form 214 at this time.

4.  The FSM was awarded the Expert Marksmanship Qualification Badge with Mortar Bar and the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar.  These badges are not shown on his DD Form 214.  It would be appropriate to add these badges to his DD Form 214 at this time.

5.  The entries shown in the FSM's DD Form 214, Block 24 (NDSM, Exp (M14), SPS (M-16), VSM, VCM, 1 O/S Bar, and CIB) are not in conformance with Army Regulation 635-5, which governs the preparation of the DD Form 214.  These awards as well as other being awarded in these proceedings should be shown correctly on the DD Form 214.

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

RECOMMENDATION:

That all Department of the Army records related to this case be corrected by:

	a.  deleting the entries, "NDSM, Exp (M14), SPS (M-16), VSM, VCM, 1 O/S Bar, and CIB" from Block 24 of the FSM's DD Form 214,

	b.  awarding the FSM the Purple Heart for wound sustained in action against a hostile enemy; the Good Conduct Medal for the period 28 September 1966 through 11 August 1968; the Republic of Vietnam Gallantry Cross Unit Citation with Palm; and 4 bronze service stars to be worn on his already awarded Vietnam Service Medal.

	c.  adding the already awarded Expert Marksmanship Qualification Badge with Mortar Bar and the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar to Block 24 of the FSM's  DD Form 214

	d.  amending the FSM's DD Form 214, Block 24, to correct errors and to include other awards and to read as follows:  "Purple Heart, Good Conduct Medal, Vietnam Service Medal with 4 bronze service stars, Republic of Vietnam Campaign Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Combat Infantryman Badge, the Expert Marksmanship Qualification Badge with Rifle Bar, Expert Marksmanship Qualification Badge with Mortar Bar, Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar, Sharpshooter Marksmanship Qualification Badge with Machinegun Bar, Sharpshooter Marksmanship Qualification Badge with Pistol Bar, and 1 Overseas Service Bar."

BOARD VOTE:  

__rjw  ___  ___mt___  ___rld___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Raymond J Wagner____
		        CHAIRPERSON

INDEX

CASE ID	AR2003085066	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/08/26	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000/Awards	
2.  61	107.0015/PH	
3.		
4.		
5.		
6.