PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                6 January 2000
	DOCKET NUMBER:        AR1999028014

	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.  

	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Edward Williamson		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Allen L. Raub		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 awarded the Purple Heart and all awards and decorations to which he is entitled. He also requests that the last four of his Social Security Number (SSAN) be corrected to show “5842” instead of “1040”.  (Analyst Note:  Service Medals and awards are not issued by the Army Board for Correction of Military Records (ABCMR).  However, the applicant may obtain his medals by submitting a request in writing to: National Personnel Records Center, ATTN: Army Medals, 9700 Page Avenue, St. Louis, Missouri 63132-5100).

3.  The applicant states that he is 100 percent disabled due to enemy mines.  He also states that he did not receive all decorations and awards to which he entitled and that his last four digits of his SSAN are incorrect.  In support of his application he submits a copy of his DD Form 214 and a copy of his Social Security Card.

4.  The applicant’s military records show he entered active duty on 22 April 1970 as a light weapons infantryman (11B).  He served in Vietnam from 1 September 1970 to 1 March 1971 and was placed on the Temporary Disability Retired List (TDRL) on 29 April 1971.

5.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal with 60 Device, and the Sharpshooter Qualification Badge (M-14 Rifle and M-16 Rifle).  His discharge document does not show the Purple Heart as an authorized award.

6.  The applicant’s records contain a copy of a DA Form 199 (Physical Evaluation Board Proceedings) which shows that he received an acute cervical cord injury, central type, secondary to a blast injury, complicated by compression fracture on 26 January 1971 while serving in Vietnam.

7.  The Board notes that the applicant is entitled to the Combat Infantryman Badge (CIB) and the first award of the Good Conduct Medal which are not shown on his DD Form 214.

8.  There are no orders in the applicant’s personnel records, which show that he was awarded the Combat Infantryman Badge.  Records show he served as a light weapons infantryman (11B) in an infantry battalion while serving in Vietnam.

9.  There is no indication in the applicant’s personnel records that shows 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.
There is no evidence of derogatory Information contained in the available records.
10.  The Social Security card provided by the applicant shows his last four digits 
of his SSAN as.

11.  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.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant 
officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The Awards Branch of the Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

13.  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 that the applicant was wounded as a result of hostile action while serving in Vietnam on 26 January 1971.  Therefore, he is
entitled to award of the Purple Heart and correction of his records to show 
this award.

2.  Evidence of record shows that the applicant served as a light weapons infantryman (11B) in an infantry battalion while serving in Vietnam.  Therefore, he is entitled to correction of his records to show the CIB.

3.  The applicant is entitled to the first award of the Good Conduct Medal for the period 22 April 1970 to 29 April 1971 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.

4.  Evidence of records clearly shows that the applicant’s last four digits of his SSAN as.  Therefore, he is entitled to correction of his DD Form 214 item 3 (Social Security Number) to show his last four digits as.
5.  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 in item 24 (Decorations and Awards) of his DD Form 214 that he was awarded the Purple Heart for wounds sustained on 26 January 1971;

b.  by showing in item 24 (Decorations and Awards) of his DD Form 214 that he was awarded the Combat Infantryman Badge;

c.  by showing in item 24 (Decorations and Awards) of his DD Form 214 that he was awarded the first award of the Good Conduct Medal for the period 22 April 1970 to 29 April 1971; and

d.  by showing in item 3 (Social Security Number) his last four digits of his SSAN as.

BOARD VOTE:  

EW_____  SK______  ALR____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Edward Williamson_____
		        CHAIRPERSON

INDEX

CASE ID	AR1999028014	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000106	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19710429	
DISCHARGE AUTHORITY	AR 635-40	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.  157		
3.  102		
4.  		
5.		
6.