PROCEEDINGS

	IN THE CASE OF:.

	BOARD DATE:            16 May 2000      
	DOCKET NUMBER:   AR2000038161

	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. Carl W.S. Chun		Director	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Arthur a. Omartian		Chairperson	
	Mr. Van B. Cunningham		Member	
	Mr. Lester Echols		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, in effect, that he was wounded as a result of hostile action during an action which resulted in his award of the Bronze Star Medal with "V" device.

3.  Records available to the Board indicate the applicant entered active duty on 
4 March 1968 and was assigned to Vietnam as an infantryman in October 1968.  On 3 April 1969 he was awarded the Bronze Star Medal with "V" device for his heroic actions on 24 February 1969.  The narrative citation of the award indicates the applicant was wounded during the attack.

4.  The applicant returned to the United States in the fall of 1969 and on 3 March 1970 he was released from active duty in the grade of E-5.  His conduct and efficiency ratings during his period of active military service were consistently excellent.  His DD Form 214 does not reflect entitlement to the Purple Heart and his "V" device was omitted from the entry regarding his Bronze Star Medal.

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. 

CONCLUSIONS:

1.  The evidence confirms the applicant was wounded as a result of hostile action on 24 February 1969 during an enemy attack for which he was awarded the Bronze Star Medal with "V" device.  As such the applicant is entitled to an award of the Purple Heart.

2.  The Board also notes that the applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 3 March 1970 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 no evidence which would serve as a basis to deny him the award.  As such the Board concludes the applicant should be awarded the Army Good Conduct Medal for the period 4 March 1968 through 3 March 1970.

3.  The applicant's DD Form 214 does not reflect that his Bronze Star Medal was awarded with a "V" device denoting it was for heroism as opposed to service or achievement.

4.  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 the Purple Heart for wounds sustained on 24 February 1969;

b.  by awarding him the Army Good Conduct Medal for the period 4 March 1968 through 3 March 1970; and

c.  by correcting the Bronze Star Medal entry on his DD Form 214 to show that it was awarded with a "V" device.

BOARD VOTE:  

__aao___  ____vbc_  ___le___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000038161	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000516	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	Grant	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.