PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                24 November 1998
	DOCKET NUMBER:       AC98-12119

	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:

	Mr. George D. Paxson		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Mr. Robert W. Garrett		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, in effect, that he is entitled to the Purple Heart based on a rating by the Department of Veterans Affairs (DVA).  In support of his application, he submits a copy of the 25 September 1997 DVA rating.

4.  The applicant’s military records show he entered active duty on 3 June 1968 and completed training as an armor crewman.  He served in Vietnam from 29 April 1970 to 2 March 1971.  He was honorably discharged on 3 March 1971.

5.  The applicant’s DD Form 214 (Report of Transfer or Discharge) does not show the Purple Heart as an authorized award.  The Board notes he is entitled to a second award of the Army Commendation Medal, award of the Good Conduct Medal and award of the Vietnam Cross of Gallantry with Palm Unit Citation which are not shown on his DD Form 214 

6.  There is no evidence in the applicant’s personnel records which shows was awarded the Purple Heart or was wounded or treated for wounds due to hostile action.  His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds).  The applicant’s records show that during his assignment in Vietnam he was assigned to the 23rd Infantry Division Administration Company with principle duty in a service club.  Informal coordination with the Awards Branch of the Total Army Personnel Command revealed that the applicant’s name was not listed on the Vietnam Casualty Roster as a battle or non-battle casualty.  The U.S. Army Reserve Personnel Center also conducted a search of unit Morning Reports and unit records and was unable to verify the applicant’s entitlement to the Purple Heart.  The 1997 DVA rating submitted by the applicant states: “Service medical records for the period 06-03-68 to 03-03-71 were reviewed and show no evidence of the veteran being wounded in Vietnam.”  But, the rating decision did state that examination revealed the applicant had a “barely visible oblique linear scar that is one inch in length” on his left forearm.

7.  The applicant received the first award of the Army Commendation Medal by Americal Division General Orders Number 11672, dated 31 August 1970 and the second award of the Army Commendation Medal by Americal Division General Orders Number 0036, dated 10 January 1971.

8.  There is no evidence that the applicant was awarded the first award of the Good Conduct Medal.  There also is no evidence that the applicant was disqualified from receiving this award.  His conduct and efficiency throughout his service was rated excellent.

9.  The applicant was awarded the Vietnam Cross of Gallantry with Palm Unit Citation by Department of the Army General Order Number 42, dated 1972. 

10. 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.

11.  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 that the applicant was wounded or treated for wounds due to hostile action.  

2.  The DVA rating decision, rendered over 25 years after the applicant’s service, showing that he has a scar on his left forearm is not sufficient as a basis for award of the Purple Heart.  There is a preponderance of evidence, including the applicant’s signature authenticating his DD Form 214 at the time of his discharge, which shows that he was not wounded due to hostile action and was not entitled to award of the Purple Heart.

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

4.  The applicant is entitled to the first award of the Good Conduct Medal for the period 3 June 1968 to 3 March 1971 based on completion of a qualifying period of service ending with the termination of a period of Federal military service.

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 the individual concerned was awarded two Army Commendation Medals, the Good Conduct Medal and the Vietnam Cross of Gallantry with Palm Unit Citation.

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

BOARD VOTE:  

GDP________  CLA________  RWG________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-12119/AR1999015008	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19981124	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	19981124	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.