PROCEEDINGS

	IN THE CASE OF:           

	BOARD DATE:                 3 August 2000
	DOCKET NUMBER:        AR2000040651

	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			
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Calvin M. Fowler		Member	
	Mr. Edwin S. Castle		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 and the Combat Infantryman Badge.

3.  The applicant states, in effect, that the Purple Heart and Combat Infantryman Badge are not shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He also states that he is entitled to the Purple Heart for injuries received during hostile action.  In support of his application he submits a copy of his DD Form 214 and a copy of his DA Form 8-275 (Clinical Record Cover Sheet).

4.  The applicant’s military records show that he was inducted on 16 July 1970 as a light weapons infantryman (11B).  He served in Vietnam from 11 January 1971 to 13 April 1971 and was honorably discharged on 20 January 1972.

5.  The applicant’s DD Form 214 shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal and the Vietnam Campaign Medal with 60 Device.  His discharge document does not show the Purple Heart
or the Combat Infantryman Badge as authorized awards.

6.  There is no record that the applicant was awarded the Purple Heart.  His DA Form 20 (Enlisted Qualification Record) shows the entry in item 40 (Wounds) “FW To R. LEG, UPPER THIGH 11 APR 71 [Fragment Wound To Right leg, upper thigh 11 April 1971]”.

7.  The applicant provided a copy of DA Form 8-275, which shows that he was wounded by a booby trap as a result of hostile action on 11 April 1971 while serving in Vietnam.

8.  There are no orders in the applicant’s personnel records, which show that he was awarded the Combat Infantryman Badge.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served as a light weapons infantryman (11B) in an infantry company in combat during his service in Vietnam.

9.  There is no indication in the applicant’s personnel records that 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.
However, his records show that he received excellent conduct and efficiency rating during his entire period of service.  There is no evidence of derogatory information contained in the available records.

10.  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.
11.  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.

12.  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 he received a fragment wound to his right leg and upper thigh on 11 April 1971 while serving in Vietnam.  Therefore, he is entitled to award of the Purple Heart and correction of his records to show this award.

2.  Evidence of record shows the applicant served as light weapons infantryman (11B) in an infantry company in combat while serving in Vietnam.  Therefore, he 
is entitled to correction of his records to show that he was awarded the Combat 
Infantryman Badge.

3. The applicant is entitled to the first award of the Good Conduct Medal for the period 16 July 1970 through 20 January 1972 based on a 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.  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 showing that the individual concerned was awarded the Purple Heart, the 
the Combat Infantryman Badge and the first award of the Good Conduct Medal for the period 16 July 1970 through 20 January 1972.

BOARD VOTE:  

JNS_____  CMF____  ESC____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__JOHN N. SLONE_____________
		        CHAIRPERSON

INDEX

CASE ID	AR2000040651	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000803	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19720120	
DISCHARGE AUTHORITY	AR .635-200	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.  157		
3.		
4.		
5.		
6.