PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:       30 December 1998       
	DOCKET NUMBER:   AC98-06267
				   AR1998002631

	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. Loren G. Harrell		Director	
	Ms. Deborah L. Brantley		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Sherri V. Ward		Member	
	Mr. Van B. Cunningham		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, in effect, that his military records be corrected to reflect entitlement to a second Purple Heart based on wounds sustained to his left arm and legs.

3.  Records available to the Board indicate the applicant entered active duty on 22 June 1967 and was assigned to Vietnam as an administrative clerk in November 1967.  On 4 December 1967 he sustained multiple fragment wounds to his chest and throat.  On 1 February 1968 he sustained multiple fragment wounds to his left shoulder and posterior aspect of both legs from an exploding grenade.  Orders confirming award of the Purple Heart for the wounds sustained on 4 December 1967 were published on 27 June 1968 by the 9th Infantry Division while orders confirming award of the Purple Heart for the wounds sustained on 1 February 1968 were published by the 24th Evacuation Hospital on 2 February 1968.

4.  The applicant returned to the United States in November 1968 and completed his service contract at Fort Sill, Oklahoma.  On 20 June 1969 he was released from active duty with an honorable characterization of service.  His separation document, however, reflects entitlement to only one Purple Heart.

5.  Army Regulation 672-5-1 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.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  There is no evidence in the applicant's official military personnel file that his commander ever disqualified him for award of the Good Conduct Medal and his conduct and efficiency ratings were consistently noted to be excellent.

CONCLUSIONS:

1.  The evidence confirms the applicant was wounded on two separate occasions while in Vietnam.  He initially sustained fragment wounds to his chest and throat on 4 December 1967 and on 1 February 1968 he sustained multiple fragment wounds to his left shoulder and both legs.  Orders confirm award of two Purple Hearts although the applicant’s separation document reflects entitlement to only one award.

2.  The applicant completed a qualifying period of service for award of the Good Conduct Medal on 20 June 1969 when he was released from active duty.  There is no evidence in available records which would serve as a basis to deny award of the Good Conduct Medal.  As such the applicant should be awarded the Good Conduct Medal for the period 22 June 1967 through 20 June 1969.

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

RECOMMENDATION:

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

	a.  by showing that the individual concerned was awarded two Purple Hearts, one for fragment wounds to his chest and throat on 4 December 1967 and a second award for fragment wounds sustained to his left shoulder and both legs on 1 February 1968; and

	b.  by awarding him the Army Good Conduct Medal for the period 22 June 1967 through 20 June 1969.

BOARD VOTE:  

_gdp____  ___svw__  __vbc___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON