PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           22 September 1999                   
	DOCKET NUMBER:   AR1999024066

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. John P. Infante		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 that he be awarded the Purple Heart.

3.  The applicant states that he was wounded in his legs in Vietnam and treated in Chu Lai.  He provides no supporting evidence.

4.  The applicant’s military records show that he was inducted into the Army on   5 September 1969.  He completed basic combat training and advanced individual
training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  He arrived in Vietnam on 3 November 1970 and was assigned to Company D, 4th Battalion, 3d Infantry as a squad leader.

5.  There is no evidence of record to show the applicant had been wounded.  His medical records are not available but his separation Report of Medical Examination is.  There is no notation on that document to indicate that he had incurred any injuries.

6.  The applicant departed Vietnam on 25 August 1971 and was released from active duty on 28 August 1971.  He had completed 1 year, 11 months and 24 days of creditable active service and had no lost time.  His DA Form 20, Personnel Qualification Record, shows his conduct and efficiency ratings throughout his period of service to have been rated “excellent.”

7.  Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations.  In pertinent part, it states that the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States.  The wound must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.  It also provides that the Army Good Conduct Medal is awarded for each 3 years of continuous enlisted active Federal military service completed on or after            27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service 

8.  Department of the Army Pamphlet 672-3 shows that the 4th Battalion, 3d Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm for the period 8 February – 30 April 1971.

CONCLUSIONS:

1.  There is no available evidence of record and the applicant has provided no evidence to show he was wounded a result of enemy action and treated by medical personnel.  Therefore, there is no evidence to show he is entitled to award of the Purple Heart.
2.  The applicant met the regulatory requirements for award of the Army Good Conduct Medal but there is no evidence of record to show it was awarded to him.

3.  The evidence of record also shows that the applicant was assigned to the 4th Battalion, 3d Infantry during a period of time the unit was awarded the Republic of Vietnam Gallantry Cross with Palm.

4.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by:

     a.  showing the applicant was awarded the Army Good Conduct Medal 1st award for the period 5 September 1969 – 28 August 1971; and

     b. adding the Army Good Conduct Medal and the Republic of Vietnam Gallantry Cross with Palm to the applicant’s DD Form 214.

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

BOARD VOTE:  

__mkp___  __clg___  __jpi___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Margaret K. Patterson
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999024066	
SUFFIX		
RECON		
DATE BOARDED	19990922	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0056	
3.		
4.		
5.		
6.