PROCEEDINGS

	IN THE CASE OF:           

	BOARD DATE:                 1 September 1999 
	DOCKET NUMBER:        AR1999020720

	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. Stanley Kelley		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Kenneth L. Wright		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 all awards and decorations to which he is entitled for his service in Vietnam.

3.  The applicant states, in effect, that his DD Form 214 does not show the appropriate awards for his service in Vietnam.

4.  The applicant’s military record show he was inducted on 16 April 1970 as a light weapons infantryman.  He served in Vietnam from 11 September 1970 to
23 January 1971 and was honorably discharged on 8 December 1971.

5.  The applicant’s DD Form 214 shows the applicant was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal and the Sharpshooter Qualification Badge M16 Rifle.

6.  The Board notes that the applicant is entitled to the Purple Heart, the Combat infantryman Badge (CIB) and the first award of the Good Conduct Medal for the period 16 April 1970 to 8 December 1971 which are not shown on his discharge document.

7.  The applicant’s records contain a copy of Standard Form 88 (Report of Medical Examination), which shows he received a gunshot wound to his right shoulder as a result of hostile action while serving in Vietnam on 24 December 1970.  There are no orders in his records to show award of the Purple Heart.

8.  There are no orders in the applicant’s personnel records, which show that he was awarded the Combat Infantryman Badge.  Records show he served as a light weapons infantryman (11B) in an infantry company while serving in Vietnam.

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, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The Awards Branch of the Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

12.  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.  Evidence of record shows the applicant was wounded as a result of hostile action while serving in Vietnam on 24 December 1970.  Therefore, he is entitled to correction of his records to show the Purple Heart.

2.  Evidence of record shows the applicant served as a light weapons infantryman (11B) in an infantry company while serving in Vietnam.  Therefore, he is entitled to correction of his records to show that he was awarded the CIB. 

3.  The applicant is entitled to the first award of the Good Conduct Medal for the period 16 April 1970 to 8 December 1971 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 for wounds received in action on 24 December 1970 while serving in Vietnam, the Combat Infantryman Badge and the first award of the Good Conduct Medal for the period 16 April 1970 to 8 December 1971.

BOARD VOTE:  

SK_____  JEA_____  KLW_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Stanley Kelley________
		        CHAIRPERSON

INDEX

CASE ID	AR1999020720	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990901	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19711208	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1. 61		
2.  102		
3.  157		
4.		
5.		
6.