IN THE CASE OF:  

		BOARD DATE:  28 February 2020

		DOCKET NUMBER:  AR20190014538


APPLICANT REQUESTS:  on behalf of her father, a deceased former service member 
(FSM), award of the:

a.  Purple Heart and

	b.  a medal of valor (also known as the Medal of Honor, Distinguished Service 
Cross, Silver Star, Distinguished Flying Cross with "V" Device, Bronze Star Medal with 
"V" Device, Air Medal with "V" Device, or Army Commendation Medal with "V" Device).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record), dated 26 September 
2019
*	Department of Health, State of Washington, Certificate of Live Birth, dated 
3 February 1997
*	letter, Department of Veterans Affairs, dated 21 June 2011

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code, section 1552(b); however, the Army Board for Correction of Military 
Records (ABCMR) conducted a substantive review of this case and determined it is in 
the interest of justice to excuse the applicant's failure to timely file.

2.  The applicant states:

	a.  Her father received the medal of valor and the Purple Heart in 2010 after his 
separation from the Army.  He was awarded the medal of valor for his service in the 
Vietnam War and the 109th Quartermaster Company, Vietnam.

	b.  He was awarded the Purple Heart after his diagnosis of post-traumatic stress 
disorder in 2010.  He received the medal of valor while he was at the Department of 
Veterans Affairs (VA) Medical Center in Spokane, Washington; however, no 
documentation was retained.


	c.  Both awards were lost and his surviving family wishes to have the awards 
replaced in remembrance of his service, however, without documentation they cannot 
be replaced.

3.  The applicant's records contain sufficient evidence to support additional awards not 
shown on his DD Form 214.  His DD Form 214 will be administratively corrected to 
show award of the Meritorious Unit Commendation, Vietnam Service Medal with three 
bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, 
Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and Sharpshooter 
Marksmanship Qualification Badge with Machine Gun Bar (M-60).  These awards will 
not be discussed further in these Record of Proceedings.

4.  The Board will consider his request for the award of the Purple Heart and a medal of 
valor.

5.  On 13 August 1968, the FSM enlisted in the Regular Army.

6.  On 18 August 1969, he was honorably discharged for immediate reenlistment.  His 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for 
this period shows in item 24 (Decorations, Medals, Badges, Commendations, Citations 
and Campaign Ribbons Awarded or Authorized) – he was awarded or authorized the:

*	National Defense Service Medal
*	Parachutist Badge

7.  On 19 August 1969, he reenlisted in the Regular Army.

8.  He served in the Republic of Vietnam from 19 November 1969 through 30 May 1971.  
While in Vietnam, he was assigned to the 109th Quartermaster Company and 
Company B Troop Command, and he participated in three campaigns.

9.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 38 (Record of Assignments) – his assignment and dates of assignment as 
follows:

*	109th Quartermaster Company (Air Drop), U.S. Army Support Command, 
from 23 November 1969 to 9 July 1970
*	Company B, Troop Command, from 10 July 1970 to 30 May 1971

	b.  item 40 (Wounds) – no entries.

	c.  item 41 (Awards and Decorations) – he was awarded or authorized the:
*	National Defense Service Medal
*	Parachutist Badge
*	Vietnam Service Medal
*	Republic of Vietnam Campaign Medal with Device (1960)
*	three overseas service bars
*	Sharpshooter Marksmanship Qualification Badge with Rifle Badge (M-14)

10.  On 13 December 1971, he was discharged under honorable conditions.  His 
DD Form 214 for the period ending 13 December 1971 shows in item 24 – he was 
awarded or authorized the:

*	National Defense Service Medal
*	Vietnam Service Medal
*	Republic of Vietnam Campaign Medal with Device (1960)

11.  The FSM's records are void of medical evidence showing he was wounded in 
connection with military operations against an armed enemy while serving in the 
Republic of Vietnam.

12.  The FSM's name is not shown on the Department of the Army Office of the Adjutant 
General Casualty Division Casualty Reference Name Listing for the period 1 January 
1961 through 30 June 1973, a battle and non-battle listing of Soldiers who were killed, 
wounded, sick, captured, or missing during their service in Vietnam.

13.  A 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 U.S. Army Human Resources Command Military Awards Branch, 
failed to reveal any orders for award of the Purple Heart, The Medal of Honor, The 
Distinguished Service Cross, the Silver Star, or any other personal decoration 
conferring valor, pertaining to the applicant.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, the Former 
Service Member’s (FSM’s) record of service to include service in Vietnam, the reason 
for his separation and the awards and decorations shown on the DD Form 214.  The 
Board considered the entries on the FSM’s Enlisted Qualification Record, the 
Department of the Army Casualty Roster and the Index of General Orders (awards).  
The Board found insufficient evidence to show the FSM was wounded in connection 
with military operations against an armed enemy while in Vietnam or that he had been 
awarded an individual award for valor.  Based on a preponderance of evidence, the 
Board determined that the absence of a Purple Heart in the FSM’s records was not in 
error or unjust.  The Board concurred with the corrections stated in the Administrative 
Note(s) below.  

2.  After reviewing the application and all supporting documents, the Board found that 
relief was not warranted.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:		:	:	GRANT FULL RELIEF

:		:	:	GRANT PARTIAL RELIEF

:		:	:	GRANT FORMAL HEARING

: X		:X	:X	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or 
injustice.  Therefore, the Board determined the overall merits of this case are insufficient 
as a basis for correction of the records of the individual concerned.


		  
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.


ADMINISTRATIVE NOTE(S):  A review of the applicant's records shows he was 
awarded or authorized the following awards not listed on his DD Form 214 for the period 
ending 13 December 1971:

*	Meritorious Unit Commendation
*	three bronze service stars to his previously issued Vietnam Service Medal 
*	Republic of Vietnam Gallantry Cross with Palm Unit Citation
*	Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
*	Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)


REFERENCES:

1.  Title 10, United States Code, section 1552(b), provides that applications for 
correction of military records must be filed within 3 years after discovery of the alleged 
error or injustice.  This provision of law also allows the ABCMR to excuse an applicant's 
failure to timely file within the 3 year statute of limitations if the ABCMR determines it 
would be in the interest of justice to do so.

2.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and 
administrative instructions concerning individual and unit military awards.  

	a.  The Medal of Honor is awarded by the President in the name of Congress to a 
person who while a member of the Army distinguishes himself or herself conspicuously 
by gallantry and intrepidity at the risk of his or her life above and beyond the call of duty 
while engaged in an action against an enemy of the United States.  The regulation 
provides that the deed performed must have been one of personal bravery or self-
sacrifice so conspicuous as to clearly distinguish the individual above his comrades and 
must have involved the risk of life.  Further, the regulation requires that “incontestable 
proof” of the performance of the service will be exacted and each recommendation for 
this decoration will be considered on the standard of extraordinary merit.

	b.  The Distinguished Service Cross is awarded to a person, who while serving in 
any capacity with the Army, distinguishes himself or herself by extraordinary heroism 
while engaged in action against an enemy of the United States not justifying award of 
the Medal of Honor.  The act or acts of heroism must have been so notable and have 
involved risk of life so extraordinary as to set the individual apart from his or her 
comrades.  

	c.  The Silver Star is awarded for gallantry in action against the enemy.  The 
required gallantry (spirited and conspicuous acts of heroism and courage) must have 
been performed with marked distinction.  As with all personal decorations, formal 
recommendations, approval through the chain of command, and announcement in 
orders are required.

	d.  The Distinguished Flying Cross is awarded to any person who, while serving in 
any capacity with the Army, distinguishes himself or herself by heroism or extraordinary 
achievement while participating in aerial flight.  The performance of the act of heroism 
must be evidenced by voluntary action above and beyond the call of duty.  The 
extraordinary achievement must have resulted in an accomplishment so exceptional 
and outstanding as to clearly set the individual apart from his or her comrades or from 
other persons in similar circumstances.  As with all personal decorations, formal 
recommendations, approval through the chain of command, and announcement in 
orders are required.


	e.  The Bronze Star Medal 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.

	f.  The Air Medal is awarded in time of war for heroism and for meritorious 
achievement or service while participating in aerial flight.  This award is primarily 
intended for personnel on flying status but may also be awarded to those personnel 
whose combat duties require them to fly; for example, personnel in the attack elements 
of units involved in air-land assaults against an armed enemy.  As with all personal 
decorations, formal recommendations, approval through the chain of command, and 
announcement in orders are required.

	g.  The Army Commendation Medal is awarded to any service member of the Armed 
Forces of the United States who, while serving in any capacity with the Army after 6 
December 1941, distinguishes himself or herself by heroism, meritorious achievement, 
or meritorious service. Award may be made to a member of the armed forces of a 
friendly foreign nation who, after 1 June 1962, distinguishes himself or herself by an act 
of heroism, extraordinary achievement, or meritorious service, which has been of 
mutual benefit to a friendly nation and the United States.  As with all personal 
decorations, formal recommendations, approval through the chain of command, and 
announcement in orders are required.

	h.  When a medal is awarded for heroism, a bronze "V" device (for valor) is worn on 
the suspension and service ribbon of that medal.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20190014538


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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