PROCEEDINGS

	IN THE CASE OF:   

	BOARD DATE:            17 March 1999                  
	DOCKET NUMBER:   AR1999022296

	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. Deborah L. Brantley		Analyst	

  The following members, a quorum, were present:

	Mr. Ted S. Kanamine		Chairperson	
	Mr. Orville W. Troesch, Jr.		Member	
	Mr. James P. Steuve		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 award of the Purple Heart and Combat Infantryman Badge.

3.  Records available to the Board indicate the applicant entered active duty on 19 January 1966 and was initially assigned to Vietnam as a mortarman in December 1966.  The 9th Infantry Division, on 17 February 1967, published orders confirming award of the Combat Infantryman Badge.

4.  On 7 March 1967 the applicant sustained fragment wounds to his back and in June 1967 was reassigned to an engineer battalion as a carpenter.

5.  In November 1967 the applicant returned to the United States and on 
24 November 1967 was released from active duty in pay grade E-4.  His separation document does not reflect entitlement to the Purple Heart and his award of the Combat Infantryman Badge was omitted from the DD Form 214.

6.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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 by a medical officer, and the medical treatment must have been made a matter of official record.

7.  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.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  The applicant completed a qualifying period of service for award of the Good Conduct Medal on 24 November 1967 when he was released from active duty.  There is no evidence in the applicant's official military personnel file that his commander ever disqualified him for award of the Good Conduct Medal and his conduct and efficiency ratings were consistently excellent.

CONCLUSIONS:

1.  The evidence confirms the applicant was awarded a Combat Infantryman Badge, which was omitted from his separation document.

2.  The evidence also confirms the applicant was wounded on 7 March 1967 while in Vietnam and as such is entitled to the Purple Heart.

3.  The Board notes the applicant completed a qualifying period of active service for award of the Good Conduct Medal on 24 November 1967 and there appears be no basis to deny him that 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:

a.  by showing that the individual concerned was awarded the Combat Infantryman Badge;

b.  by awarding him the Purple Heart for wounds sustained on 7 March 1967 while in Vietnam; and

c.  by awarding him the Army Good Conduct Medal for the period            19 January 1966 through 24 November 1967.

BOARD VOTE:  

__tsk___  __owt____  __jps___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999022296	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990317	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.107.00		
2.		
3.		
4.		
5.		
6.