PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                21 July 1999
	DOCKET NUMBER:        AR1999016377

	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. Curtis W. Barbee		Chairperson	
	Mr. James M. Alward		Member	
	Mr. Robert G. Hinkle		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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), be corrected to show that he was awarded the Expert Qualification Badge and the Bronze Star Medal.

3.  The applicant states, in effect, that he was recommended for the award of the Distinguished Service Cross while serving in Vietnam.  He also states that he was wounded and reassigned stateside; however, he never received the Distinguished Service Cross.

4.  The applicant’s military records show he was inducted on 24 July 1967 as a medical specialist.  He served in Vietnam from 9 February 1968 to 11 January 1969 and was placed on the Temporary Disability Retired List (TDRL) on 8 May 1969.

5.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Silver Star, the Vietnam Service Medal, the Vietnam Campaign Medal, the Sharpshooter Qualification Badge (Rifle M14) and the Combat Medical Badge.  His discharge document does not show the Expert Qualification Badge (M16 Rifle), the Bronze Star Medal and the Distinguished Service Cross as authorized awards.

6.  The Board notes that the applicant is entitled to the Purple Heart and the first award of the Good Conduct Medal which are not shown on his DD Form 214.

7.  There is no indication in the applicant’s personnel records that shows he was awarded the Expert Qualification Badge.

8.  There is no evidence in the applicant ‘s personnel records, which shows that he was recommended for or awarded the Bronze Star Medal or the Distinguished Service Cross. 

9.  The applicant was awarded the Purple Heart by Headquarters, 1st Air Cavalry Division General Orders Number 14903, dated 12 December 1968, for wounds
received as a result of hostile action on 9 December 1968.

10.  There is no indication in the applicant’s personnel records that shows 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, in pertinent part, sets forth requirements for award of basic marksmanship qualification badge.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Distinguished Service Cross is awarded to a person, who while serving in any capacity with the Army, distinguished himself or herself by extraordinary heroism while engaged in action against an enemy of the United States not justifying award of the Medal of Honor.  The act or acts of heroism must have been so notable and have involved risk of life so extraordinary as to set the individual apart from his or her comrades.

14.  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.

15.  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 to show that he was awarded of the Expert Infantry Badge (M16 Rifle); therefore, he is not entitled to correction of his records to show this award.

2.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Bronze Star Medal or the Distinguished Service Cross; therefore, he is not entitled to these awards.

3.  Evidence of record shows that the applicant was wounded as a result of hostile action while serving in Vietnam on 9 December 1968.  Therefore, he is
entitled to correction of his records to show the Purple Heart.

4.  The applicant is entitled to the first award of the Good Conduct Medal for the period 24 July 1967 to 8 May 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

6.  In view of the foregoing finds 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 in item 24 (Decoration and Awards) of his DD Form 214 that he was awarded the Purple Heart for wounds sustained on 9 December 1968 and was awarded the first award of the Good Conduct Medal for the period 24 July 1967 to 8 May 1969.

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

BOARD VOTE:  

CWB____  JMA____  RGH____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Curtis W. Barbee______
		        CHAIRPERSON

INDEX

CASE ID	AR1999016377	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990721	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19690508	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  154		
2.  60		
3.  48		
4.  61		
5.		
6.