PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:        22 October 1998       
	DOCKET NUMBER:   AC98-10844

	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:

	Ms. June Hajjar			Chairperson	
	Mr. Fred K. McCoy			Member	
	Ms. Shirley L. Powell			Member	

	The applicant and counsel if any, did not appear before the Board.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	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 that his military records be corrected to reflect two awards of the Purple Heart.  He states he received the two awards while in Vietnam.

3.  Records available to the Board indicate the applicant entered active duty on 25 October 1966 and was assigned to Vietnam as a truck driver in February 1968.  On 6 June 1968 he was wounded as a result of hostile action and awarded the Purple Heart.  Orders confirming the award were published by the 25th Infantry Division in October 1968.  Although the award was not originally recorded on his separation document, in August 1975 a DD Form 215 (correction to DD Form 214) was issued by the office of the Adjutant General adding the award to his record.  There is no evidence he was ever awarded a second Purple Heart nor wounded a second time as a result of hostile action.

4.  As a result of the applicant’s meritorious service while in Vietnam he was awarded an Army Commendation Medal (February 1968-October 1968) which was also omitted from his original separation document.  Orders confirming the award were published on 14 October 1968 by the 25th Infantry Division.

5.  The applicant departed Vietnam in October 1968 and on 15 October 1968 was released from active duty in pay grade E-5.

6.  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.  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.

CONCLUSIONS:

1.  The evidence confirms the applicant was awarded one Purple Heart as a result of wounds sustained while in Vietnam.  The award was subsequently added to his records and as such no additional action is required.  However, there is no evidence, nor has the applicant provided any that he was wounded a second time or awarded a second Purple Heart.

2.  The evidence does, however, indicate the applicant was awarded an Army Commendation Medal which was never recorded in his record and it would be appropriate for the Board to correct his records to reflect that award.

3.  Additionally, the applicant completed a qualifying period of service for award of the Good Conduct Medal on 15 October 1968 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 25 October 1966 through 
15 October 1968.

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

RECOMMENDATION:

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

	a.  by showing that the individual concerned was awarded an Army Commendation Medal for meritorious service while in Vietnam; and

	b.  by awarding him the Army Good Conduct Medal for the period 
25 October 1966 through 15 October 1968.

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

BOARD VOTE:  

__JH___  __FKM__  __SLP___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON