PROCEEDINGS

	IN THE CASE OF:           

	BOARD DATE:                 29 August 2000
	DOCKET NUMBER:        AR2000042976

	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 D. Miller		Chairperson	
	Mr. Roger Able		Member	
	Mr. Charles Gainor		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 (First Oak Leaf Cluster) and 
the Combat Infantryman Badge.

3.  The applicant states that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the Purple Heart (First Oak Leaf Cluster) or the Combat Infantryman Badge he earned through combat. In support of his application he submits a copy of his DD Form 214 and 
and two copies of award certificates for the Purple Heart and Purple Heart (First Oak Leaf Cluster).

4.  The applicant’s military records show that he was inducted on 13 August 1968 as a light weapons infantryman (11B).  He served in Vietnam from 18 January 1969 to 13 March 1970 and was honorably discharged on 16 March 1970.

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, the Purple Heart, the Air Medal and the Bronze Star Medal.  His discharge document does not show any additional awards of the Purple Heart or the Combat Infantryman Badge as authorized awards.

6.  The applicant provided copies of two award certificates, which show that he was awarded the Purple Heart for wounds received in action on 20 July 1969 and on 30 August 1969 while serving in Vietnam.  Additionally, item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows the entry “LAC L-Arm 20 Jul 69” [laceration left arm 20 July 69].  

7.  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.

8.  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.

9.  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.

10.  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.

11.  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.  There are no orders available to the Board which authorize award of the Purple Heart (First Oak Leaf Cluster) to the applicant.  However, there is evidence of record which shows the applicant was wounded in action twice and the applicant has provided evidence that he was awarded the Purple Heart (First Oak Leaf Cluster).  Upon review, the Board has determined that this evidence is sufficient as a basis for correction of his records to show this award.  Therefore, he is entitled to award of the Purple Heart (First Oak Leaf Cluster) and correction of his records to show this award.

2.  Evidence of record shows the applicant served as a 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 13 August 1968 through 16 March 1970 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 (First Oak Leaf Cluster), the Combat Infantryman Badge and the first award of the Good Conduct Medal for the period 13 August 1968 through 16 March 1970.

BOARD VOTE:  

JDM____  RA_____  CG______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____JOHN D MILLER____
		        CHAIRPERSON

INDEX

CASE ID	AR2000042976	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000829	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19700316	
DISCHARGE AUTHORITY	AR .635-200	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.  157		
3.  102		
4.		
5.		
6.