PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           1 April 2003       
	DOCKET NUMBER:   AR2002078534

	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. Arthur A. Omartian		Chairperson	
	Mr. Thomas B. Redfern		Member	
	Mr. Thomas E. O'Shaughnessy		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 widow of a deceased former service member (FSM), requests that her late husband's DD Form 214 (Report of Transfer or Discharge) be corrected to show award of the Purple Heart and the Bronze Star Medal.  

3.  The applicant states that her husband's discharge paper should reflect a Purple Heart and the Bronze Star Medal.  In support of her application, she submits a medical record, dated 26 May 1969, which shows the FSM sustained a gunshot wound to his right knee; the FSM's DA Form 20 (Enlisted Qualification Record) and orders, dated 29 April 1966, which show the FSM enlisted in the Regular Army on 29 April 1966.  

4.  The FSM’s military records show that he enlisted on 29 April 1966 for a period of 3 years.  He served as an infantryman in Vietnam from 15 November 1966 through 30 June 1967 and from 17 November 1967 through 3 May 1968.  The FSM was honorably released from active duty on 17 June 1969.

5.  The FSM's DD Form 214, which was authenticated in his own hand, does not show the Purple Heart or the Bronze Star Medal as authorized awards.

6.  Item 40 (Wounds) on the FSM's DA Form 20 (Enlisted Qualification Record) shows he sustained a gunshot wound to his right knee on 25 April 1968.

7.  The Vietnam Casualty Roster shows the FSM was wounded in action on 
25 April 1968.

8.  There is no evidence in the available records which shows the FSM was recommended for or awarded the Bronze Star Medal.

9.  Item 41 (Awards and Decoration) on the FSM's DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Bronze Star Medal.

10.  The FSM's DD Form 214 shows the Vietnam Service Medal as an authorized award.  His records show that he participated in four campaigns during his two tours in Vietnam.

11.  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 8, dated 1974.  This award is not shown on his DD Form 214.
 
12.  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.

13.  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.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  

14.  Army Regulation 600-8-22, in pertinent part, 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.

CONCLUSIONS:

1.  The FSM was wounded in action on 25 April 1968 in Vietnam.  Therefore, the FSM is entitled to award of the Purple Heart and correction of his DD Form 214 to show this award.  

2.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows the FSM was recommended for or awarded the Bronze Star Medal.  Therefore, the Board determined that there is insufficient evidence on which to base award of the Bronze Star Medal in this case.  

3.  The FSM’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows the FSM participated in four campaigns during his assignments in Vietnam which are not correctly shown by award of four bronze service stars for wear on his Vietnam Service Medal.  Therefore, in accordance with the governing regulation, the FSM is entitled to the Vietnam Service Medal with four bronze service stars and correction of his DD Form 214 to show these awards.   

4.  The FSM's unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, the FSM is entitled to correction of his DD Form 214 to show this unit citation.

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 all of the Department of the Army records related to this case be corrected by showing that the FSM was awarded the Purple Heart, the Vietnam Service Medal with four bronze service stars and 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:  

AAO____  TBR____  TEO_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Arthur A. Omartian____
		        CHAIRPERSON

INDEX

CASE ID	AR2002078534	
SUFFIX		
RECON		
DATE BOARDED	20030401	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0014	
3.	107.0000	
4.		
5.		
6.