PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                 5 August 1999                  
	DOCKET NUMBER:        AR1999020363

	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 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 that he was wounded in Vietnam and no award was issued as a result.  In support of his applicant he submits a copy of his VA Rating Decision.

4.  The applicant’s military records show he was inducted on 24 April 1968 as a light weapons infantryman.  He served in Vietnam from 19 September 1968 to 12 September 1969 and was honorably discharged on 26 January 1970.

5.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal with 60 Device, the Combat Infantryman Badge, the Army Commendation Medal, the
Marksmanship Qualification Badge (M16) and the Sharpshooter Qualification Badge (M14).  His discharge document does not show the Purple Heart as an authorized award.  

6.  There is no record that the applicant was awarded the Purple Heart.  There also is no indication in the applicant’s service personnel records that he was wounded as a result of hostile action.  His DA Form 20 (Enlisted Qualification Record) does not show an entry in item 40 (Wounds) and does not show the Purple Heart as an entry in item 41 (Awards and Decorations).

7.  A copy of his VA Rating Decision, dated 29 August 1997, shows that he was granted 0 percent disability for a service-connection for residuals of shell fragment wound to the left leg.  That rating decision indicated that the applicant informed them that he was hit in the left calf by a mine fragment while serving in Vietnam.  The VA Rating Decision indicated that his service medical records show treatment in April 1969, for an abscess on the left lower leg.  The rating decision also indicated that a physical examination revealed a small shrapnel
wound.  However, the Vietnam Casualty Roster does not show the applicant was treated for wounds as a result of hostile action.

9.  The Board notes that the applicant is entitled to the first award of the Good Conduct Medal, the Vietnam Cross of Gallantry with Palm Unit Citation and the Vietnam Civil Actions Honor Medal First Class Unit Citation.

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 rating during his entire period of service.  There is no evidence of derogatory information contained in the available records.
11.  The applicant was awarded the Vietnam Cross of Gallantry with Palm Unit Citation by Department of the Army General Orders 50, dated 1971, and the Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders 51, dated 1971, which are not shown on his discharge document.

12.  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.

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.  The Board notes that the VA Rating Decision shows that he was granted 
0 percent for a service-connection for residuals of shell fragment wound to the left leg.  The Board also notes that the applicant informed them that he was hit
in the left calf by a mine fragment while serving in Vietnam; however, there is no evidence to show that it was a result of hostile action.  Therefore, he is not entitled to the award of the Purple Heart.

2.  The applicant is entitled to the first award of the Good Conduct Medal for the period 24 April 1968 to 26 January 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. 

3.  The applicant was awarded the 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.

4.  In view of the foregoing findings 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 (Decorations and Awards) of his DD Form 214 that he was awarded the first award of the Good Conduct Medal for the period 24 April 1968 to 26 January 1970, the Vietnam Cross of Gallantry with Palm Unit Citation and the Vietnam Civil Actions Honor Medal First Class Unit Citation.

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

BOARD VOTE:  

MDM____  AAO____  EWL____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Mark D. Manning_______
		        CHAIRPERSON

INDEX

CASE ID	AR1999020363	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990805	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19700126	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.		
3.		
4.		
5.		
6.