PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                  20 May 1999
	DOCKET NUMBER:         AR1999015557

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Mr. Hubert O. Fry, Jr. 		Member	
	Ms. Margaret V. Thompson		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, in effect, that he be awarded the Purple Heart for his injuries that he sustained while serving in Vietnam.

3.  The applicant states, in effect, that his commander was contemplating on  
recommending him for the award of the Purple Heart for his severe hand burns in the rescue of a downed medivac crew.  He also states that he knew the soldiers that were wounded, however, he felt that he was not deserving of the award at 
that time; however, the severely wounded and dead were more deserving of the Purple Heart.  He further states that his commander recorded the event of his injury in a dairy and stated that if he ever changed his mind to inform him.  He  concludes by stating that he is unable to locate his commander and would now like to be awarded the Purple Heart. 

4.  The applicant’s military records show he was inducted on 6 January 1969 and served as a tactical communications chief.  He served in Vietnam from 6 December 1969 to 10 November 1970 and was honorably discharged on 11 November 1970.

5.  The applicant’s DD Form 214 shows the applicant was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Bronze Star Medal and the Air Medal.

6.  There is no record that the applicant was awarded the Purple Heart.  There also is no indication that he was wounded as a result of hostile action.

7.  The Board notes that the applicant is entitled to the Overseas Service Bar, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the first award of the Good Conduct Medal.

8.  The applicant’s personnel records show that he served in Vietnam from 6 December 1969 to 10 November 1970 which entitles him to one Overseas Service Bar.  His DD Form 214 item 22c shows that he completed 11 months and 6 days of foreign service in Vietnam.

9.  The applicant’s personnel records show that he was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Order Number 11, dated 1973 which is not shown on his DD Form 214.

10.  There is no indication in the applicant’s personnel records that show he was awarded the Good Conduct Medal. There also is no evidence that the applicant was disqualified by his unit commander for award of the Good Conduct Medal.  However, his records show that he received excellent conduct and efficiency ratings during his entire period of service.  There is no evidence of derogatory information contained in the available records.

11.  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.

12.  Army Regulation 670-1, in effect at the time governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the US Army outside of the continental limits of the United States.  There are special provisions regarding authorization for the Overseas Service Bar for service in hostile fire zone and for combining service to calculate award of the bars.  One overseas service bar is authorized for each period of 6 months’ active service Federal service as a member of the US Army in Vietnam from 1 July 1958 to 28 March 1973.

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.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was injured or wounded due to hostile action during his service in Vietnam.  Therefore, he is not entitled to award of the Purple Heart.

2.  Evidence of record shows that the applicant served in Vietnam from 6 December 1969 to 10 November 1970; therefore, he is entitled to one Overseas Service Bar and correction of his records to show this award.

3.  The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his records to show this award.

4. The applicant is entitled to the first award of the Good Conduct Medal for the period 6 January 1969 to 11 November 1970 based on completion of a period of qualifying service ending with a termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

5.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s record, but only as recommended below.
RECOMMENDATION:

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

	a.  by showing in item 24 of his DD Form 214 that he was awarded the Overseas Service Bar;

	b.  by showing in item 24 of his DD Form 214 that he was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

	c.  by showing in item 24 of his DD Form 214 that he was awarded the first award of the Good Conduct Medal for the period 6 January 1969 to 11 November 1970.

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

BOARD VOTE:  

EMW____  HOF____  MVT____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Ernest M. Willcher____
		CHAIRPERSON

INDEX

CASE ID	AR1999015557	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990520	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19701111	
DISCHARGE AUTHORITY	AR 636-200	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1. 107		
2.		
3.		
4.		
5.		
6.