PROCEEDINGS

	IN THE CASE OF:   

	BOARD DATE:            11 March 1999   
	DOCKET NUMBER:   AR1999022307

	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:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Van B. Cunningham		Member	
	Mr. Curtis L. Greenway		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.  He states he sustained shrapnel wounds as a result of combat action while in Vietnam.

3.  Records available to the Board indicate the applicant entered active duty on 17 November 1966 and was assigned to Vietnam as a combat construction specialist in April 1967.  He was initially assigned to the 588th Engineer Battalion but was transferred to the 919th Engineer Company in January 1968.  Item 40 (wounds) on his DA Form 20 (enlisted qualification record) confirms he sustained multiple shrapnel wounds to his right knee.  The entry, however, does not indicate the date the applicant was wounded.

4.  The applicant returned to the United States in April 1968 and on 15 November 1968 was released from active duty in pay grade E-4.  There is no indication he was ever awarded the Purple Heart for his wounds.

5.  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 15 November 1968 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 wounded while in Vietnam.  Although the specific date of injury is not know, in the interest of justice, he should be awarded of the Purple Heart.

2.  The Board also notes the applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 15 November 1968 and there appears to be no basis to deny him that award.

3.  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 awarding the individual concerned a Purple Heart for wounds sustained while in Vietnam; and

b.  by awarding him the Army Good Conduct Medal for the period              17 November 1966 through 15 November 1968.

BOARD VOTE:  

___cla__  ___vbc__  __clg_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999022307	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990311	
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.