PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                9 December 1998
	DOCKET NUMBER:       AC98-12111

	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. Hubert S. Shaw, Jr		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 award of the Purple Heart.

3.  The applicant states he was wounded in the right arm on 14 February 1968.

4.  The applicant’s military records show he served initially in the Army National Guard and entered active duty on 21 June 1966.  He served in Vietnam from 4 January 1968 to 3 January 1969 and was honorably discharged on 19 June 1970.

5.  The applicant’s DD Form 214 (Report of Transfer or Discharge) with an effective date of 19 June 1970 does not show the Purple Heart as an authorized award.  The Board notes the applicant was awarded the Army Commendation Medal, the Presidential Unit Citation, the Valorous Unit Award, and the Vietnam Cross of Gallantry with Palm Unit Citation and was entitled to the Good Conduct Medal which are not shown on his DD Form 214.

6.  There is no evidence in the applicant’s service records which shows he was wounded or treated for wounds resulting from hostile action.  Informal coordination with the Awards Branch of the Total Army Personnel Command revealed the applicant was listed on the Vietnam Casualty Roster as battle casualty for wounds sustained on 14 February 1968. 

7.  The applicant was awarded the Army Commendation Medal by II Field Force General Orders Number 1942, dated 21 December 1968. 

8.  The applicant was awarded the Presidential Unit Citation by Headquarters Department of the Army General Orders Number 69, dated 1969.

9.  The applicant was awarded the Valorous Unit Award by Headquarters Department of the Army General Orders Number 28, dated 1969.

10.  The applicant was awarded the Vietnam Cross of Gallantry with Palm Unit Citation by Headquarters Department of the Army General Orders Number 60, dated 1969.

11.  There is no indication in the applicant’s personnel records that 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.  Records show the applicant’s conduct and efficiency was rated as “excellent” throughout his service and there is no indication of indiscipline in his 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 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.  The applicant was wounded as a result of hostile action in Vietnam on 14 February 1968; therefore, he is entitled to award of the Purple Heart and correction of his records to show this award.

2.  The applicant was awarded the Army Commendation Medal, the Presidential Unit Citation, the Valorous Unit Award, and the Vietnam Cross of Gallantry with Palm Unit Citation; therefore, he is entitled to correction of his records to show these awards.

3.  The applicant is entitled to the first award of the Good Conduct Medal based on completion of 3 years of qualifying service from 21 June 1966 to 20 June 1969.  Therefore, he should be awarded this decoration and his records should be corrected to show this award.

4.  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 

a.  by awarding the individual concerned the Purple Heart for wounds sustained in Vietnam on 14 February 1968 and correcting his records to show this award;

b.  by showing he was awarded the Army Commendation Medal, the Presidential Unit Citation, the Valorous Unit Award, and the Vietnam Cross of Gallantry with Palm Unit Citation; and 

c.  by awarding him the first award of the Good Conduct Medal for the period from 21 June 1966 to 20 June 1969 and by correcting his records to show this award.

BOARD VOTE:  

JH______  FNE_____  TBR____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-12111/AR1998012226	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1998/12/09	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.