PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            2 September 1999                  
	DOCKET NUMBER:   AR1998013625

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson 		Chairperson	
	Mr. Thomas N. Kuhn		Member	
	Mr. James M. Alward		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 correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Good Conduct Medal, Combat Infantryman Badge (CIB), two awards of the Purple Heart (correctly known as the Purple Heart with one Oak Leaf Cluster) and the Bronze Star Medal (BSM). 

3.  The applicant states, in effect, that the National Defense Service Medal is the only award listed on his DD Form 214.  In support of his application, he submits a copy of his DD Form 214, orders for one Purple Heart, orders for the Good Conduct Medal and orders for the CIB.    

4.  The applicant’s military records show that he was inducted on 9 November 1965 for a period of 2 years.  He served as a light vehicle driver in Vietnam from 13 April 1966 to 13 April 1967 and was honorably discharged on 8 November 1967.    

5.  The applicant’s DD Form 214 does not show the Good Conduct Medal, CIB,  any award of the Purple Heart or the BSM as authorized awards. 

6.  United States Army Combat Surveillance School/Training Center General Orders Number 58, dated 17 October 1967, shows the applicant was awarded the first award of the Good Conduct Medal for the period 9 November 1965 to
8 November 1967.  

7.  Headquarters 1st Infantry Division Special Orders Number 254, dated
11 September 1966, shows the applicant was awarded the CIB.

8.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlistment Qualification Record), which was authenticated in his own hand, shows one entry “Frag wds chest 8Nov66” [fragment wounds chest 8 November 1966].  Item 41 (Awards and Decorations) shows entitlement to one award of the Purple Heart.  

9.  Headquarters 1st Infantry Division General Orders Number 2927, dated 
9 November 1966, shows the applicant was awarded the Purple Heart for wounds sustained in November 1966. 

10.  There is no evidence in the applicant’s records that shows he was injured or wounded a second time as a result of hostile action in Vietnam.

11.  There is no evidence in the applicant’s records which shows he was recommended for or awarded the BSM.

12.  Headquarters 1st Infantry Division General Orders Number, 2656, dated 
17 April 1967, shows the applicant was awarded the Army Commendation Medal.  This award is not shown on the applicant’s DD Form 214.

13.  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.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

14.  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.  
 
CONCLUSIONS:

1.  The applicant was awarded the Good Conduct Medal and the CIB; therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  Although the applicant contends that he was wounded on two occasions in Vietnam, the evidence of record shows he was wounded only once, on 
6 November 1966.  Therefore, he is entitled to correction of his DD Form 214 to show one award of the Purple Heart.

3.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for or awarded the BSM.  Therefore, he is not entitled to correction of his military records to show this award.

4.  The applicant was awarded the Army Commendation Medal; therefore, he is entitled to correction of his DD Form 214 to show this award. 

5.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’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 individual concerned was awarded the Good Conduct Medal, CIB, Purple Heart and the Army Commendation Medal.  

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

BOARD VOTE:  

MKP____  TNK_____  JMA____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Margaret K. Patterson_
		        CHAIRPERSON

INDEX

CASE ID	AR1998013625	
SUFFIX		
RECON		
DATE BOARDED	19990902	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19671108	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	Expiration of term of service	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0056	
2.	107.0111	
3.	107.0015	
4.	107.0014	
5.		
6.