PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            15 August 2000    
	DOCKET NUMBER:   AR2000042387

	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. Thomas D. Howard		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Ms. Gail J. Wire		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, award of the Purple Heart and Combat Infantryman Badge.  He makes no statement and provides no evidence in support of his request. 

3.  Records available to the Board indicate the applicant entered active duty on 
14 September 1966 and served in Vietnam as a bridge specialist (specialty 12B) from February 1967 through February 1968 with the 1st Engineer Battalion of the 1st Infantry Division.  He was honorably discharged from active duty on 
12 September 1968 in pay grade E-4.  His conduct and efficiency ratings throughout his military service were excellent.

4.  There were no medical records available to the Board and item 40 (wounds) on the applicant's DA Form 20 (enlisted qualification record) is blank.

5.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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 by a medical officer, and the medical treatment must have been made a matter of official record.

6.  There are basically three requirements for award of the Combat Infantryman Badge.  The soldier must be an infantryman (11 series specialty), assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must have actively participated in such ground combat.

7.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) notes the applicant’s unit (1ST Engineer Battalion, 1st Infantry Division) was credited with participating in three designated campaigns during the applicant’s period of assignment.  The unit was also awarded a Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal Unit Citation First Class during his tenure with the organization.

8.  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.  There is no evidence, and the applicant has not presented any that confirms he was wounded as a result of hostile action while in Vietnam.  As such there is no basis to award him the Purple Heart.

2.  The applicant was an engineer assigned to an engineer battalion while in Vietnam and as such was not eligible for award of the Combat Infantryman Badge.

3.  The Board does note however, that the applicant completed a qualifying period for award of the Army Good Conduct Medal on 12 September 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, and in the interest of justice, it would be appropriate to award the applicant the Good Conduct Medal for the period 14 September 1966 through 12 September 1968.

4.  The Board also notes that the applicant is entitled to three bronze service stars on his Vietnam Service Medal, a Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal Unit Citation First Class.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected:

a.  by awarding the individual concerned the Army Good Conduct Medal for the period 14 September 1966 through 12 September 1968; and

b.  by showing that he is entitled to three bronze service stars on his Vietnam Service Medal, a Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal Unit Citation First Class.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__tdh___  _____aao  ____gjw_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000042387	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000815	
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.