PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           5 December 2000                   
	DOCKET NUMBER:   AR2000043984

	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. Hall		Analyst	

  The following members, a quorum, were present:

	Ms. Ann M. Campbell		Chairperson	
	Mr. Allen L. Raub		Member	
	Mr. Jose A. Martinez		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, that he be awarded the Purple Heart and that his Armed Forces of the United States Report of Transfer or Discharge, DD Form 214, be corrected to show that he was awarded the Purple Heart.

3.  The applicant states in effect, that he was wounded in February 1970, while serving in the Republic of Vietnam.  He feels that he is entitled to this award.

4.  The applicant’s military records show that he was inducted into the Army on 12 August 1968.  He completed the required training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest pay grade he achieved was pay grade E-6.  His service record shows his conduct and efficiency ratings throughout his period of service as “excellent”.

5. The applicant served in the Republic of Vietnam from August 1969 to February 1970.  His DA Form 20 (Enlisted Qualification Record) item 38, shows that he was hospitalized as a patient from 29 January to 6 February 1970.  It also shows in Item 40 (Wounds) that the applicant received a fragment wound to his right hand on 25 January 1970.

6.  Headquarters, Military Awards Branch, Personnel Command, Alexandria, VA has verified that the applicant’s name appears on the Vietnam Casualty Roster which substantiates that he was wounded, treated and hospitalized for an injury to his right hand that occurred on 25 January 1970, while under hostile action.

7.  On 30 March 1970, the applicant was honorably discharged from active duty and transferred to the U.S. Army Reserve.  He completed 1 year, 7 months and 
19 days of creditable active service.  His DD Form 214, shows that he was awarded the National Defense Service Medal, the Republic of Vietnam Service Medal, the Combat Infantryman Badge, the Air Medal and the Expert Badge
(Rifle).  His DD Form 214, does not show the award of the Purple Heart nor does it show the award of the Army Good Conduct Medal.

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 by a medical officer, 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 Good Conduct Medal is awarded for exemplary behavior, efficiency and fidelity for a specific period of continuous enlisted active Federal Military service, normally 3 years, completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. 

CONCLUSIONS:

1.  The evidence available to the Board shows that the applicant was wounded and was treated for an injury received as a result of hostile action; therefore he was entitled to the Purple Heart award.

2.  The evidence of record also shows that the applicant was entitled to the first award of the Army Good Conduct Medal for the period 12 August 1968 to 
30 March 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.

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 applicant the Purple Heart and the Army Good Conduct Medal
and correcting his DD Form 214, to show that he was awarded the Purple Heart and the Army Good Conduct Medal for 12 August 1968 to 30 March 1970.

BOARD VOTE:  

__amc___  __alr___  __jam___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Ann M. Campbell
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000043984	
SUFFIX		
RECON		
DATE BOARDED	20001205	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.