PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                 8 April 1999             
	DOCKET NUMBER:        AR1999023420

	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. George D. Paxson		Chairperson	
	Ms. Jennifer L. Prater		Member	
	Ms. Barbara J. Ellis		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 that he was
wounded in service and was awarded the appropriate award of the Purple Heart, Silver Star or Bronze Star.

3.  The applicant states that his DD Form 214 does not show that he was wounded in service or that he received the appropriate award for his wound.  In support of his application he submits a copy of orders awarding him the Soldier’s Medal.

4.  The applicant’s military records show he was inducted on 14 July 1966 and served as a wheel vehicle mechanic.  He served in Vietnam from 9 June 1967 to 30 April 1968 and was honorably discharged on 1 May 1968.

5.  The  applicant’s DD Form 214 shows the applicant was awarded the National Defense Service Medal, the Vietnam Service Medal and the Vietnam Campaign Medal w/60 device.  His discharge document does not show the Purple Heart, Bronze Star Medal or Silver Star as authorized awards.

6.  The applicant provided a copy of Headquarters, I Field Force Vietnam General Orders Number 688, dated 2 September 1968, which awarded him the Soldier’s Medal.  The citation for this award states that the applicant was attempting to put out a fire in a vehicle, which contained ammunition, on 5 March 1968.  Some of the ammunition exploded and wounded him.  The award of the Soldier’s Medal is not shown on his DD Form 214.

7.  A copy of the applicant’s Statement of Medical Examination and Duty Status (DA Form 2173) shows that he received multiple fragment wounds to his left shoulder, both thighs, right forearm and wrist on 5 March 1968.  This form states that his wounds were the result of non-combat conditions.

8.  The applicant’s records failed to show that he was recommended for or awarded the Bronze Star Medal or the Silver Star.  His records do not show that he received any wounds as a result of hostile action with the enemy or that he was recognized for gallantry in action against an armed enemy which would have resulted in an award of the Bronze Star Medal or Silver Star.  However, he was cited for heroism not involving actual conflict with an armed hostile force which resulted in award of the Soldier’s Medal.  

9.  The Board notes that the applicant is entitled to the Marksmanship Qualification Badge (M14) with Rifle Bar, the Marksmanship Qualification Badge (M16) with Rifle Bar, the Vietnam Cross of Gallantry with Palm Unit Citation, one
Overseas Service Bar, and the first award of the Good Conduct Medal.

10.  The applicant’s personnel records show that he was awarded the Marksmanship Qualification Badge (M14) with Rifle Bar on 31 August 1966, the 
Marksmanship Qualification Badge (M16) with Rifle Bar on 13 April 1967, and the 
Vietnam Cross of Gallantry with Palm Unit Citation by Department of the Army General Order Number 54, dated 1974 which are not shown on his DD Form 214.

11.  The applicant’s personnel records show that he served in Vietnam from 9 June 1967 to 30 April 1968 which entitles the him to one Overseas Service Bar. His DD Form 214 item 22c shows that he completed 10 months and 23 days of foreign service in Vietnam.

12.  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 ratings during his entire period of service.  There is no evidence of derogatory information contained in the available records.

13.  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.

14.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished himself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy; or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

15.  Army Regulation 600-8-22 provides, in pertinent part, that the Silver Star is awarded for gallantry in action against the enemy.  The required gallantry 
(spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

16.  Army Regulation 670-1, in effect at the time, governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the US Army outside of the continental limits of the United States.  There are special provisions regarding authorization for the Overseas Service Bar for service in hostile fire zone and for combining service to calculate award of the bars.  One overseas service bar is authorized for each period of 6 months’ active service Federal service as a member of the US Army in Vietnam from 1 July 1958 to 28 March 1973.

17.  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’s wounds on 5 March 1968 were not the result of hostile action.  Therefore, he is not entitled to award of the Purple Heart.

2.  There is no evidence, and the applicant has provided no evidence to show he was recommended for or awarded the Bronze Star Medal or the Silver Star; therefore, he is not entitled to award of the Bronze Star Medal or the Silver Star.

3.  The applicant was properly recognized with the Soldier’s Medal for heroism
not involving actual conflict with an armed hostile force.  Therefore, he is entitled to correction of his records to show this award.

4.  The applicant was awarded the Marksmanship Qualification Badge (M14) with Rifle Bar, the Marksmanship Qualification Badge (M16) with Rifle Bar, and the Vietnam Cross of Gallantry with Palm Unit Citation; therefore, he is entitled to correction of his records to show these awards.

5.  Evidence of record shows that the applicant served in Vietnam from 9 June 1967 to 30 April 1968; therefore, he is entitled to one Overseas Service Bar and correction of his records to show this award.

6.  The applicant is entitled to the first award of the Good Conduct Medal for the period 14 July 1966 to 1 May 1968 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.

7.  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:

	a.  by showing in item 24 of his DD Form 214 that he was awarded the
Soldier’s Medal;

	b.  by showing in item 24 of his DD Form 214 that he was awarded the Marksmanship Qualification Badge (M14) with Rifle Bar, the Marksmanship Qualification Badge (M16) with Rifle Bar, the Vietnam Cross of Gallantry with Palm Unit Citation and one Overseas Service Bar; and

	c.  by showing in item 24 of his DD Form 214 that he was awarded the first award of the Good Conduct Medal for the period 14 July 1966 to 1 May 1968.

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

BOARD VOTE:  

GDP____  JLP_____  BJE_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		George D. Paxson______
		CHAIRPERSON

INDEX

CASE ID	AR1999023420	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990408	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19990501	
DISCHARGE AUTHORITY	AR 600-8-22	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.107		
2.		
3.		
4.		
5.		
6.