PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           13 January 1999                  
	DOCKET NUMBER:   AC98-11886
				   AR1998012451

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas N. Kuhn		Chairperson	
	Mr. Walter T. Morrison		Member	
	Ms. Margaret V. Thompson		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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show that he was awarded the Combat Infantryman Badge (CIB), the Army Commendation Medal (ARCOM), and the Purple Heart and that he was medically discharged based on his physical disability.  

3.  The applicant states, in effect, that the aforementioned awards are not listed on his DD Form 214.  He also states that his ears were wounded and that he never departed from his field of combat to receive assistance from a medical official.  He further states that he would like a VA rating for his hearing loss which was contributed by an enemy grenade and that he be considered for additional compensation.

4.  The applicant’s military records show he was inducted on 3 January 1968 as a infantryman indirect fire crewman.  He served in Vietnam from 5 June 1968 to 4 June 1969 and was honorably discharged on 10 December 1969. 

5.  The applicant’s DD Form 214 shows the applicant was awarded the National Defense Service Ribbon, the Vietnam Campaign Medal, the Vietnam Service Medal, two Overseas Service Bars, and the Expert Marksmanship Qualification Badge with Rifle bar. 

6.  The applicant’s records contain a DD Form 215 (Correction to DD Form 214) which amended his DD Form 214 to show award of the Combat Infantryman Badge, the Army Commendation Medal, the Republic of Vietnam Campaign Medal with device (1960), and the Vietnam Service Medal with four bronze service stars.  As a result, these awards are not discussed further.

7.  The applicant’s DD Form 214 does not show the Purple Heart as an authorized award.  

8.  There is no record that the applicant was awarded the Purple Heart.  There also is no indication that he was wounded as a result of hostile action and no indication to show that he was hospitalized for injuries to his ears.

9.  The applicant underwent a separation medical examination on 10 December 1969 and was found qualified for separation with a physical profile of 111111.

10.  The Board notes that the applicant is entitled to the first award of the Good Conduct Medal.  

11.  There is no indication in the applicant’s personnel records that show he was awarded the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal.  However, his records show that he received excellent conduct and efficiency ratings during his entire period of service.  There is no evidence of derogatory information contained in the available records. 

12.  Army Regulation 600-8-22 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 635-40, paragraph 2-2b, as amended, provides that when a member is being separated by reason other than physical disability, his continued performance of duty creates a presumption of fitness which can be overcome only by clear and convincing evidence that he was unable to perform his duties or that acute grave illness or injury or other deterioration of physical condition, occurring immediately prior to or coincident with separation, rendered the member unfit.

14.  Title 38, United States Code, sections 310 and 331, permits the VA to award compensation for a medical condition which was incurred in or aggravated by active military service.  The VA, however, is not required by law to determine medical unfitness for further military service.  The VA, in accordance with its own policies and regulations, awards compensation solely on the basis that a medical condition exists and that said medical condition reduces or impairs the social or industrial adaptability of the individual concerned.  Consequently, due to the two concepts involved, an individual's medical condition, although not considered medically unfitting for military service at the time of processing for separation, discharge or retirement, may be sufficient to qualify the individual for VA benefits based on evaluation by that agency.

15.  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.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was injured or wounded due to hostile action during his service in Vietnam.  Therefore, he is not entitled to award of the Purple Heart.

2.  The applicant was on active duty from 3 January 1968 to 10 December 1969. Service records do not indicate any medical condition incurred while entitled to receive basic pay which was so severe as to render the applicant medically fit for retention on active duty.  At the time of the applicant’s separation medical examination, competent medical authority determined that the applicant was then medically fit for retention or appropriate separation.  Accordingly the applicant was separated from active duty for reasons other than physical disability.  

3.  The rating action by the VA does not necessarily demonstrate any error or injustice on the part of the Army.  The VA, operating under its own policies and regulations, assigns disability rating as it sees fit.  Any rating action by the VA does not necessarily constitute an error or injustice on the part of the Department.

4.  The applicant is entitled to the first award of the Good Conduct Medal for the period 3 January 1968 to 10 December 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records 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 in item 24 of his DD Form 214 that he was awarded the first award of the Good Conduct Medal.

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

BOARD VOTE:  

TNK____  WTM____  MVT____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-11886/AR1998012451	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990113 	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.