PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            22 July 1999                  
	DOCKET NUMBER:    AR1999016071

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Thomas N. Kuhn		Member	
	Mr. Raymond J. Wagner		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 DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart.

3.  The applicant states, in effect, that he was wounded by enemy fire and sustained shrapnel wounds to his forearm and thigh on 8 February 1968 in Vietnam.  In support of his application, he submits a letter of explanation, a copy of Standard Form 600 (Chronological Record of Medical Care), dated 8 February 1968, and a copy of his DA Form 20 (Enlisted Qualification Record). 

4.  The applicant’s military records show he enlisted on 2 November 1966 for a period of 3 years.  He served as a crew chief in Vietnam from 10 November 1967 through 5 October 1968 and was honorably discharged in the grade of E-5 on
31 October 1969.    

5.  The applicant’s DD Form 214 does not show the Purple Heart as an authorized award.   

6.  The applicant provided a copy of Standard Form 600 (Chronological Record of Medical Care), with entries dated 8 February 1968, 10 February 1968 and
10 June 1969, respectively.  The medical record indicates the applicant was treated for a shrapnel wound to his left forearm on 8 February 1968.  The medical record also shows that on 10 February 1968 a small piece of shrapnel was removed from the applicant’s left thigh.

7.  There is no evidence in the applicant’s personnel record that he was considered for the first award of the Good Conduct Medal.  There also is no evidence of record that his chain of command took any action to disqualify him from receiving the Good Conduct Medal.  There is no indication of indiscipline or other adverse action in the applicant’s records.  The applicant’s DD Form 214 does not show the Good Conduct Medal as an authorized award.

8.  Army Regulation 600-8-22 (Military Awards) 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.

9.  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.  Medical evidence of record supports the applicant’s contention that he sustained shrapnel wounds on 8 February 1968 in Vietnam.  Medical evidence shows he was treated for shrapnel wounds to his left forearm on 8 February 1968 and that shrapnel was removed from his left thigh on 10 February 1968.  Therefore, he is entitled to correction of his DD Form 214 to show award of the Purple Heart.

2.  The applicant is entitled to the first award of the Good Conduct Medal based on completion of a three-year period of qualifying Federal military service (active duty from 2 November 1966 through 31 October 1969).  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  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 showing that the individual concerned was awarded the Purple Heart and the first award of the Good Conduct Medal for the period of 2 November 1966 through 31 October 1969.

BOARD VOTE:  

CMF_____  TNK____  RJW____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Calvin M. Fowler______
		        CHAIRPERSON

INDEX

CASE ID	AR1999016071	
SUFFIX		
RECON		
DATE BOARDED	19990722	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19691031	
DISCHARGE AUTHORITY	AR 635-200   	
DISCHARGE REASON	ETS	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.