PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                5 August 1999
	DOCKET NUMBER:       AR1999018215

	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. Mark D. Manning		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Ernest W. Lutz, Jr.		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 Purple Heart.

3.  The applicant states, in effect, that his DD Form 214 does not show the award of the Purple Heart.  He also states that he is unable to receive his Ohio Purple Heart License Plates due to his Purple Heart award.

4.  The applicant’s military records show he was inducted on 17 July 1969 as an infantry indirect fire crewman.  He served in Vietnam from 10 January 1970 to 5 July 1970 and was permanently retired by reason of physical disability on 11 December 1970.

5.  The applicant’s DD Form 214 shows he was awarded Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal, the Combat Infantryman Badge, the Sharpshooter Qualification Badge (M16 Rifle) and the Expert Qualification Badge (M14 Rifle and 45 Caliber Pistol).  His discharge document does not show the Purple Heart as an authorized award.

6.  The applicant ‘s records contain a copy of Standard Form 502 (Narrative Summary), which shows that he received a fragmentation wound to his right eye as a result of hostile action on 19 June 1970 while serving in Vietnam.

7.  The Board notes that the applicant is entitled to the Vietnam Cross of Gallantry with Palm Unit Citation, the Vietnam Civil Actions Honor Medal First Class Unit Citation and the first award of the Good Conduct Medal for the period
17 July 1969 to 11 December 1970, which are not shown on his discharge document.

8.  The applicant was awarded the Vietnam Cross of Gallantry with Palm Unit Citation by Department of the Army General Orders Number 5, dated 1973 and the Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 51, dated 1971.

9.  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 rating during his entire period of service.  There is no evidence of 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.  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. The applicant is entitled to the award of the Purple Heart for a fragmentation wound he received to his right eye as a result of hostile action on 19 June 1970 while serving in Vietnam.  Therefore, he is entitled to correction of his military record to show that he was awarded the Purple Heart.

2.  The applicant was awarded Vietnam Cross of Gallantry with Palm Unit Citation and the Vietnam Civil Actions Honor Medal First Class Unit Citation; 
therefore, he is entitled to correction of his records to show these awards.

3.  The applicant is entitled to the first award of the Good Conduct Medal for the period 17 July 1969 to 11 December 1970 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.

4.  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 in item 24 (Decorations and Awards) of his DD Form 214 that he was awarded the Purple Heart, Vietnam Cross of Gallantry with Palm Unit Citation, the Vietnam Civil Actions Honor Medal First Class Unit Citation and the
first award of the Good Conduct Medal for the period 17 July 1969 to 11 December 1970.

BOARD VOTE:  

MDM____  AAO____  EWL____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Mark D. Manning_______
		        CHAIRPERSON

INDEX

CASE ID	AR1999018215	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990805	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19701211	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.		
3.		
4.		
5.		
6.