PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            9 September 1999                 
	DOCKET NUMBER:   AR1999024036

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Erin J. Olmes 		Chairperson	
	Ms. Irene N. Wheelwright		Member	
	Mr. Christopher J. Prosser		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, correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart and the Good Conduct Medal.  (Analyst’s Note: The applicant also requests that he be issued the actual Air Medal and the Bronze Star Medal.  He contends that he received the ribbons but not the medals.  Service medals and awards are not issued by the Army  Board for Correction of Military Records.  However, the applicant may obtain medals by submitting a request in writing to: Commander, US Army Reserve Personnel command, ATTN: DARP-VSE, 9700 Page Avenue, St. Louis, Missouri 63132-5200.)            

3.  The applicant states that the Purple Heart and the Good Conduct Medal are not shown on his DD Form 214.  He contends that he was treated for a fragment wound on 13 September 1967.  In support of his application, he submits a letter of explanation and a VA Rating Decision dated 21 November 1996. 

4.  The applicant’s military records show that he was inducted on 17 November 1966.  He served as a light weapons infantryman in Vietnam from 4 May 1967 to 3 May 1968 and was honorably discharged on 15 November 1968.

5.  The applicant’s DD Form 214 does not show the Purple Heart or the Good Conduct Medal as authorized awards.

6.  Item 40 (Wounds) on the applicant’s DA Form 20 (Enlisted Qualification Record) shows one entry “Frag wd lt arm 13Sep67” [fragment wound left arm]. 

7.  There is no evidence in the applicant’s personnel records that he was considered for the first award of the Good Conduct Medal.  There also is no evidence of record that his chain of command took any action to disqualify him from receiving the Good Conduct Medal.  There is no indication of indiscipline or other adverse action in the applicant’s records.

8.  Army Regulation 600-8-22 (Military Awards) 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.

9.  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 sustained a fragment wound to his left arm on 13 September 1967 in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show award of the Purple Heart. 

2.  The applicant is entitled to the first award of the Good Conduct Medal for the period 17 November 1966 through 15 November 1968 based on completion of a period of qualifying service ending with termination of a period of Federal military service.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Purple Heart and the first award of the Good Conduct Medal for the period of
17 November 1966 through 15 November 1968.

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

BOARD VOTE:  

EJO_____  INW_____  CJP____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Erin J. Olmes_________
		        CHAIRPERSON

INDEX

CASE ID	AR1999024035	
SUFFIX		
RECON		
DATE BOARDED	19990909	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19681115	
DISCHARGE AUTHORITY	AR 635-200 Chapter 2 Section VI	
DISCHARGE REASON	Expiration of Term of Service	
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0056	
3.		
4.		
5.		
6.