PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           6 October 1999                   
	DOCKET NUMBER:   AR1999018603

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Van B. Cunningham		Member	
	Mr. Roger W. Able		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 that he be awarded the Purple Heart.

3.  The applicant states that his legs and back were injured in an explosion in the barracks in Bin Hoa in 1970.

4.  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 20 March 1996 (COPY ATTACHED).

5.  No new evidence has been provided.  An extract of the applicant’s medical records show he was treated on 6 June 1970 with the annotation “Injuried L foot while running for the bunker this AM.”  There is no evidence that his legs and back were injured or that the injury to his left foot was caused by an enemy-caused explosion.

6.  The applicant’s military records also show that his conduct and efficiency ratings throughout his period of service were both “excellent” and that he was honorably released from active duty after completing 2 years, 11 months and 23 days of creditable active service with no lost time.  His records do not reflect he was awarded the Army Good Conduct Medal.

7.  Army Regulation 600-8-22 provides that the Army Good Conduct Medal is awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service 

CONCLUSIONS:

1.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision regarding the applicant’s request for award of the Purple Heart.

2.  However, the Board concludes that the applicant did meet the criteria for award of the Army Good Conduct Medal.

3.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the applicant was awarded the Army Good Conduct Medal for the period 8 August 1967 – 31 July 1970.
2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__aao___  __vbc___  __rwa___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Arthur A. Omartian
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999018603	
SUFFIX		
RECON		
DATE BOARDED	19991006	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.