PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE: 17 November 1999                    
	DOCKET NUMBER:  AR1998012048

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. John N. Slone		Member	
	Mr. Ted S. Kanamine		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 correction of his military records to show award of the Purple Heart and the Bronze Star Medal (BSM) with one oak leaf cluster (OLC).

3.  The applicant states, in effect, that he has provided a photocopy of the Purple Heart Certificate and two photocopies of certificates for the BSM, a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a Department of Veterans Affairs (DVA) claims form.

4.  The applicant’s military records are limited to the documents that he submitted.  The available records show that he was inducted into the Army on 
14 December 1967.

5.  The Purple Heart Certificate was issued to the applicant on 15 May 1969, for wounds received in action in the RVN on 11 May 1969.  The first BSM was issued to the applicant on 13 May 1969 for heroism in ground combat in the RVN on 14 March 1969.  The second BSM was issued to the applicant on 
1 November 1969 for meritorious achievement in ground operations against hostile forces in the RVN during the period November 1968 to November 1969.

6.  On 27 November 1969, he was honorably discharged.  He had completed 
1 year, 11 months and 14 days of active military service.

7.  The applicant's DD Form 214 shows that he was awarded the National Defense Service Medal, the RVN Service Medal, the RVN Campaign Medal, the Overseas Service Ribbon, and only one Bronze Star Medal.

8.  The applicant’s DD Form 214 does not show the Purple Heart as an authorized award nor does it show that he was awarded the OLC as a result of a second BSM. 

9.  The available records do not show that the applicant was awarded the Good Conduct Medal (GCMDL).  However, there is no evidence that his unit commander disqualified him from award of the GCMDL, neither is there any derogatory information contained in the available records.  

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.  Sustaining 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.  The bronze OLC is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.  Military orders are normally issued to denote entitlement to military awards.

12.  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 has provided certificates to show that he was entitled to award of the Purple Heart Certificate due to wounds received during hostile action on
11 May 1969.  He also provided a certificate to show that he is entitled to award of the oak leaf cluster as a result of the second BSM received on 1 November 1969 for his meritorious achievement in ground operations against hostile forces from November 1968 through November 1969.  

2.  Additionally, the applicant is entitled to the first award of the GMCDL for the period 14 December 1967 to 27 November 1969 based on completion/ termination of his first period of Federal military service.

3.  Therefore, the Board presumes regularity in the processing of these awards.  Notwithstanding the absence of military orders authorizing the awards in question, the Board finds as an exception to policy, he is entitled to correction of his records to show the above awards.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected, as an exception to policy; by issuing a DD Form 215 (Correction to DD Form 214) to show:

      a.  that the individual concerned was awarded the Purple Heart for a combat injury received on 11 May 1969, while serving in the RVN.

      b.  that he was awarded his first OLC to the BSM on 1 November 1969; and 

      c.  that he was awarded the GCMDL at the completion of his term of active service.

BOARD VOTE:  

CMF____  JNS____  TSK_____  GRANT AS STATED IN RECOMMENDATION

________  _______  _________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999012048	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED		
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19601127	
DISCHARGE AUTHORITY	AR635-200  	
DISCHARGE REASON	A107.0000	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0013	
2.	107.0015	
3.		
4.		
5.		
6.