PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           14 September 2000                   
	DOCKET NUMBER:   AR2000043187

	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. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Elzey J. Arledge, 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, correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Purple Heart (PH).

3.  The applicant states in effect, that he was awarded the PH for receiving 
shrapnel wounds to his lower legs while stationed in Republic of Vietnam (RVN). He was unaware that his PH award was not entered on his DD Form 214.

4.  The applicant’s military records show that he enlisted in the Regular Army on 14 March 1966, for 3 years.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 67N (Helicopter Mechanic).  He served in the RVN from September 1966 to September 1967.

5.  General Orders #33, dated 8 February 1967, from Headquarters 85th Evacuation Hospital awarded the PH to the applicant for injuries received while under hostile action on 7 February 1967.  His DA Form 20 (Enlisted Qualification Record) item 40 (Wounds) shows that he received fragment wounds to his right thigh and right calf.  It also shows in item 38, that the applicant was a patient and was in a medical holding status with the 7th Field Hospital in the RVN.

6.  The applicant’s military record shows that he received two non-judicial punishments under Articles 15, Uniform Code of Military Jutice for wrongfully appropriating a clock (aircraft, mechanical type) and for failure to repair.  The record also shows that the applicant’s conduct and efficiency ratings were excellent for the entire period of service.

7.  On 21 January 1969, the applicant was honorably discharged from active duty and transferred to the Army Reserve in pay grade E-4.  He completed 2 years, 10 months and 8 days of creditable active service.  His was awarded the Vietnam Service Medal w/2 bronze service stars, the Vietnam Campaign Medal w/Device
1960, the Air Medal w/5 oak leaf clusters, the National Defense Service Medal, 
2 Overseas Service Bars and the Expert Rifle Badge (M-14).  His DD Form 
214, does not show the award of the PH or the Army Good Conduct Medal (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, provides, in pertinent part, that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1950 and for the first award only, upon termination of service on or after 27 June 1950 or less than 3 years but more than 1 year.  At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service. 

CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant was entitled to the PH.  General Orders # 33 dated 8 February 1967, filed in his military record awards the applicant the PH for wounds received while under hostile fire in the RVN on 7 February 1967.  His DA Form 20 also substantiates his entitlement.

2.  The Good Conduct Medal is awarded to the applicant for the period of
14 March 1966 to 21 January 1969.  The DA Form 20, shows his conduct and efficiency ratings throughout his military service have been rated excellent.

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 Good Conduct Medal to the individual concerned; and
correcting item 24 of his DD Form 214, to show the PH award and the AGCM.

BOARD VOTE:  

__rvo___  __mkp___  __eja___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000043187	
SUFFIX		
RECON		
DATE BOARDED	20000914	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.