PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           20 June 2000                   
	DOCKET NUMBER:   AR2000038756

	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	
	Mrs. Joyce A. Hughes		Analyst	

  The following members, a quorum, were present:

	Mr. Van B. Cunningham		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Ernest W. Lutz, Jr.		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 he be awarded the Purple Heart (PH).

3.  The applicant states in effect, that on 15 August 1969, while serving in Vietnam he was wounded by shrapnel fire.  He submits evidence to support his 
application.

4.  The applicant’s military records show that he enlisted in the Regular Army on 10 July 1968, for 3 years.  He completed the required training and was awarded Military Occupational Specialty (MOS) 11E (Armor Crewman).  His Service Record shows his conduct and efficiency ratings throughout his period of service as “excellent”.

5.  The applicant was assigned to the Republic of Vietnam from 3 July 1969 to
2 July 1970, he served with Company D, 1st Squadron, 11th Armored Cavalry Regiment.  He served a total of 12 months in Vietnam.

6.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows an entry under item 40 (Wounds) that stated on 15 August 1969, he received shrapnel 
wounds to his left arm.  The DA Form 1380 (U.S. Field Medical Card)  also shows that the applicant received shrapnel wounds in the left arm and was treated in the field by a medical officer on 15 August 1969.  The DA Form 1380, stated that his injury was a result of hostile action.  The applicant supplied a copy of the same DA Form 1380 that was filed in his records in support of his request.

7.  On 18 August 1970, the applicant was honorably discharged from active duty, in pay grade E-4, under the provisions of Army Regulation 635-200, chapter 6 (Hardship).  He completed a total of 2 years, 1 month and 9 days of creditable active duty service.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows that he was awarded the National Defense Service Medal, the Republic of Vietnam Service Medal w/1 bronze 
star, the Republic of Vietnam Campaign Medal, two overseas bars, the Army
Commendation Medal and the Expert Badge w/rifle bar (M-14 & M-16).  His DD Form 214 does not show the PH award or the AGCM.

8.  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.

9.  Army Regulation 600-8-22 also provides, in pertinent part, that the Army 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 for 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 award, disqualification must be justified.

CONCLUSIONS:

1.  The evidence available to the Board shows that the applicant was wounded and was treated for an injury received as a result of hostile action; therefore he was entitled to the Purple Heart award.

2.  The evidence of record shows that the applicant was entitled to the first award of the Army Good Conduct Medal for the period 10 July 1968 to 18 August 
1970 based on completion of a period of qualifying service ending with the 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:

That all of the Department of the Army records related to this case be corrected by awarding the PH and the AGCM to the individual concerned and issuing a DD Form 215 to correct item 24 of his DD Form 214 to show that he was awarded the first award of PH and the AGCM for the period of 10 July 1968 to 18 August 1970.

BOARD VOTE:  

__vbc___  __jea___  __ewl___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Van B. Cunningham
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000038756	
SUFFIX		
RECON		
DATE BOARDED	20000620	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.