PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           10 August 2000    
	DOCKET NUMBER:   AR2000042172

	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. Mark D. Manning		Chairperson	
	Mr. John Saputo		Member	
	Ms. Karen A. Heinz		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 he was wounded in combat while in Vietnam.  In support of his request he submits two statements from fellow soldiers which attest to his combat wounds.

3.  Records available to the Board indicate the applicant entered active duty on 
12 October 1966 and was assigned to Vietnam as an infantryman with Company B, 3rd Battalion, 12th Infantry in April 1967.  An entry in item 40 (wounds) on his DA Form 20 (Enlisted Qualification Record) confirms he sustained a fragment wound to the side of his head on 17 January 1968.  

4.  The applicant returned to the United States in March 1968 and was honorably discharged on 11 October 1968 in pay grade E-5.  His conduct and efficiency ratings throughout his military service were excellent.

5.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) notes the applicant’s unit (3rd Battalion, 12th Infantry) was awarded a Presidential Unit Citation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his tenure with the organization.

6.  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 17 January 1968 and as such the applicant is entitled to an award of the Purple Heart.

2.  The evidence also confirms that the applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 11 October 1968 when he was honorably discharged 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.  As such the Board concludes it would be appropriate to award the applicant the Army Good Conduct Medal for the period 12 October 1966 through 11 October 1968.

3.  The Board notes the applicant is also entitled to a Presidential Unit Citation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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 17 January 1968 as a result of hostile action while in Vietnam;

	b.  by awarding him the Army Good Conduct Medal for the period 
12 October 1966 through 11 October 1968; and

	c.  by showing that he is entitled to a Presidential Unit Citation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

BOARD VOTE:  

__mdm___  __js____  ___kah__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000042172	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000810	
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.