PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                 15 February 2000
	DOCKET NUMBER:        AR1999029828

	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.  

	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Fred Eichorn		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Roger Able		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 requests, as the wife of a deceased former service member (FSM), that her late husband’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that he was awarded the Purple Heart and the Bronze Star Medal.

3.  The applicant states that her husband informed her that he was wounded in Vietnam and was awarded the Purple Heart and the Bronze Star Medal.  In support of the application, she submits a copy of her marriage certificate and a FSM’s death certificate.

4.  The FSM’s military records show he entered active duty on 28 May 1964 as a light weapons infantryman (11B).  He served in Vietnam from 26 May 1965 to 20 May 1966 and was honorably discharged on 10 September 1967.

5.  The FSM’s DD Form 214 shows he was awarded the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal and the Sharpshooter Qualification Badge (M14 Rifle).
The FSM’s discharge document does not show the Purple Heart or the Bronze Star Medal as authorized awards.

6.  There is no entry of a wound sustained in combat recorded in item 
40 (Wounds) or entry for award of the Purple Heart recorded in item 41 (Awards and Decorations) on the FSM’s DA Form 20 (Enlisted Qualification Record).

7.  There is no record that the FSM was awarded the Purple Heart.  There also is no indication that the FSM was wounded as a result of hostile action.

8.  There is no evidence in the FSM’s personnel records, which shows that the
FSM was recommended for or awarded the Bronze Star Medal.

9.  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 show that the FSM is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Order Number 8, dated 1974.

10.  Army Regulation 600-8-22 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 must have required treatment, and the medical treatment must have been made a matter of official record.

11.  Army Regulation 600-8-22 provides in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

CONCLUSIONS:

1.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that the FSM was injured or wounded due to hostile action during his service in Vietnam.  Therefore, the FSM is not entitled to the award of the Purple Heart.

2.  There is no evidence of record, and the applicant has provided no evidence, which shows that the FSM was recommended for or awarded the Bronze Star
Medal; therefore, he is not entitled to this award.

3.  The FSM was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, the FSM is entitled to correction of his records to show this award.

4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the FSMs records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the FSM was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

FE_____  KAK_____  RA______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Fred Eichorn__________
		        CHAIRPERSON

INDEX

CASE ID	AR1999029828	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000215	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19670527	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  60		
2.   61		
3.  157		
4.		
5.		
6.