PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            9 December 1998                  
	DOCKET NUMBER:   AC98-09590

	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	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar 		Chairperson	
	Mr. Fred N. Eichorn		Member	
	Mr. Thomas B. Redfern, III		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 his records be corrected to show award of the Purple Heart, the Army Commendation Medal and the Vietnam Cross of Gallantry with Palm Unit Citation. 

3.  The applicant states the awards were not included on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

4.  The applicant’s military records show he enlisted on 17 September 1965.  He served in Vietnam from 3 February 1966 to 2 February 1967.  He was honorably separated on 16 September 1968.

5.  The applicant’s DD Form 214 does not show award of the Purple Heart, the Army Commendation Medal or the Vietnam Cross of Gallantry with Palm Unit Citation as authorized awards.  The Board notes the applicant is entitled to the Good Conduct Medal for the period 17 September 1965 to 16 September 1968, the Vietnam Cross of Gallantry with Palm Unit Citation, and the Basic Marksmanship Qualification badges:  Expert with Rifle Bar, Sharpshooter with Pistol Bar, and Marksman with Grenade Launcher Bar.

6.  The applicant’s medical records show he was treated for hand grenade shrapnel wounds to the left lower leg in November 1966, while serving in Vietnam.

7.  General Orders 1253, 1st Infantry Division, dated 9 February 1967, awarded the Army Commendation Medal to the applicant for the period March 1966 to January 1967.

8.  Department of the Army Form 1577 (Authorization for Issuance of Awards), dated 17 November 1994, in effect, the Good Conduct Medal for the period      17 September 1965 to 16 September 1968, the Vietnam Cross of Gallantry with Palm Unit Citation, and the Basic Marksmanship Qualification badges: Expert with Rifle Bar, Sharpshooter with Pistol Bar, and Marksman with Grenade Launcher Bar.

9.  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.

CONCLUSIONS:

1.  The medical evidence of record shows the applicant was wounded in action as a result of hostile action.  Therefore, he is entitled to award of the Purple Heart.

2.  The applicant was awarded the Army Commendation Medal, the Good Conduct Medal for the period 17 September 1965 to 16 September 1968, the Vietnam Cross of Gallantry with Palm Unit Citation, and the Basic Marksmanship Qualification badges: Expert with Rifle Bar, Sharpshooter with Pistol Bar, and Marksman with Grenade Launcher Bar.

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 by showing the individual concerned was awarded the Purple Heart, the Good Conduct Medal for the period 17 September 1965 to 16 September 1968, the Vietnam Cross of Gallantry with Palm Unit Citation, and the Basic Marksmanship Qualification badges: Expert with Rifle Bar, Sharpshooter with Pistol Bar, and Marksman with Grenade Launcher Bar.

BOARD VOTE:  

JH______  FNE_____  TBR____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON