PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            25 July 2000                  
	DOCKET NUMBER:   AR1999033601

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Ted S. Kanamine		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. John H. Kern		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, as the father of a deceased former service member (FSM), requests that his son be awarded the Purple Heart, the Army Lapel Pin (correctly known as the Army Lapel Button) and the Good Conduct Medal. 

3.  The applicant states, in effect, that his son was killed on 18 January 1968 in a helicopter crash in Vietnam and should be awarded the Purple Heart.  He contends that his son was a door gunner on a “Humbug mission” and the helicopter became disabled from ground fire and crashed into a lake.  In support of his application, he submits a letter of explanation, dated 10 November 1999; a copy of DD Form 1300 (Report of Casualty) dated 22 January 1968; and a copy of an e-mail, dated 21 October 1999, from the FSM’s Commanding Officer at the time of his death wherein he states that the cause of the helicopter crash was pilot error even though the gunship crew indicated the helicopter had taken some fire shortly prior to the crash.  

4.  The FSM’s military records show that he enlisted on 30 June 1966 for a period of 3 years.  He successfully completed basic and advanced individual training and was transferred to Vietnam for duty as a personnel specialist.    

5.  The FSM’s records contain a DD Form 1300 (Report of Casualty), dated 
22 January 1968, which shows the FSM died on 18 January 1968 in Vietnam from drowning.  Item 2 (Casualty Status) on the DD Form 1300 shows the entries “NON-BATTLE” and “He was door gunner on a military aircraft when aircraft crashed into a lake.”  

6.  There are no orders in the FSM’s service personnel records which show that he was awarded the Purple Heart.  There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action.

7.  There is no evidence the FSM was awarded the Army Lapel Button.

8.  There is no evidence the FSM received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records show that he received conduct and efficiency ratings of “excellent” throughout his service.

9.  The Adjutant General Letter, dated 5 April 1968, shows the FSM was posthumously awarded the Bronze Star Medal for outstanding meritorious service.  Prior to his death, the FSM was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Ribbon with Device (1960) and the Sharpshooter Badge with Rifle Bar.  A DD Form 1577 (Authorization for Issuance of Awards), dated 26 April 1999, shows these awards were issued to the applicant.   

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the FSM is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 59, dated 1969.
 
11.  Army Regulation 600-8-22 (Military Awards) 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.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Army Lapel Button is a gratuitous issue and the eligibility requirements are as follows:  
(a) soldiers transitioning with an honorable characterization of service (those being transferred to another component for completion of a military service obligation, and those receiving an Honorable Discharge Certificate); (b) non-adverse separation provision; (c) minimum 9 months continuous service - a break is 24 hours or more; (d) active Federal service on or after 1 April 1984; or, service in a Ready Reserve unit organized to serve as a unit (National Guard unit or Army Reserve troop program unit) on or after 1 July 1986; (e) retroactive issuance is not authorized; and (f) no soldier separating from the Service is to be awarded more than one Army Lapel Button.  

13.  Army Regulation 600-8-22 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.  

CONCLUSIONS:

1.  Evidence of record shows the FSM died in Vietnam on 18 January 1968 as a non-battle casualty.  There is no evidence of record available to the Board which shows the FSM was killed as a result of hostile action in Vietnam.  Therefore, the FSM is not entitled to award of the Purple Heart.

2.  The Army Lapel Button was not awarded for service prior to 1 April 1984. Therefore, the FSM was not eligible for award of the Army Lapel Button.

3.  The FSM is entitled to the first award of the Good Conduct Medal based on completion of qualifying service from 30 June 1966 to 18 January 1968 ending with termination of a period of Federal military service.  Therefore, he is entitled to correction of his military records to show this award.   
4.  Evidence of record shows the FSM is entitled to the Bronze Star Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Ribbon with Device (1960), the Sharpshooter Badge with Rifle Bar and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his military records to show these awards.

5.  In view of the foregoing findings and conclusions, it would be appropriate to correct the FSM’s records, but only as recommended below.

RECOMMENDATION:

1.  That an official certificate be prepared to show the FSM was posthumously awarded the first award of the Good Conduct Medal for the period 30 June 1966 to 18 January 1968 and the Bronze Star Medal; and prior to his death the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Ribbon with Device (1960), the Sharpshooter Badge with Rifle Bar and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  That the Good Conduct Medal be issued to the FSM’s Next of Kin.

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

BOARD VOTE:  

TSK____  SK______  JHK____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Ted S. Kanamine__
		        CHAIRPERSON

INDEX

CASE ID	AR1999033601	
SUFFIX		
RECON		
DATE BOARDED	20000725	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0056	
3.		
4.		
5.		
6.