PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            06 AUGUST 2002
	DOCKET NUMBER:   AR2002067995

	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	
	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Ms. Paula Mokulis		Member	
	Mr. Donald P. Hupman, 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 that his records be corrected to reflect award of the Purple Heart.  He states that he did not receive the award in 1968 because "of a record mix-up."  In support of his request he submits a copy of his Purple Heart Certificate, a letter from the Office of The Secretary of The Army informing the applicant's congressional representative that authorization had been given to forward the applicant a Purple Heart, and a copy of a DA Form 1577 (Authorization for Issuance of Awards).

3.  Records available to the Board indicate the applicant was inducted and entered active duty on 9 April 1968.  Following successful completion of training, he was assigned to Vietnam as an infantryman in September 1968.  The applicant was assigned to the 2nd Battalion, 47th Infantry and on a 2 November 1968 unit morning report, the applicant's status was changed from "duty" to "WIA" (wounded in action).  The status change was effective 31 October 1968 and indicates the applicant was evacuated to the 24th Evacuation Hospital.  There is no indication, in available records, that the applicant was awarded the Purple Heart at the time.

4.  The applicant ultimately returned to duty, and in July 1969 returned to the United States.  He completed his service contract at Fort Hood, Texas and on 
8 April 1970 was released from active duty with an honorable characterization of service.  His separation document does not reflect award of the Purple Heart.

5.  During the applicant's 2 years of active Federal service he consistently received excellent conduct and efficiency ratings.  He was promoted to pay grade E-5 in April 1969 and retained that grade until his separation.  There is no evidence of any misconduct or disciplinary problems in available records.  His awards included an Army Commendation Medal, two awards of the Bronze Star Medal, and the Combat Infantryman Badge.

6.  In 1985, in response to an inquiry by the applicant to his congressional representative, he was awarded the Purple Heart in recognition of wounds sustained as a result of hostile action on 31 October 1968.  The Adjutant General of the Army approved the award on 21 May 1985.  The award, however, was never added to the applicant's separation document.

7.  Army Regulation 600-8-10 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.  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.

CONCLUSIONS:

1.  The evidence confirms the applicant was wounded as a result of hostile action on 31 October 1968 and awarded the Purple Heart in 1985.  His records should be corrected accordingly.

2.  The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 8 April 1970.  There is no evidence his commander ever disqualified him from receiving the award and no evidence of any misconduct which would justify denying him the award.  In view of the foregoing, the Board concludes that the applicant met the basic qualifications for award of the Army Good Conduct Medal and it would be appropriate, and in the interest of equity, to award him that decoration for the period 9 April 1968 through 8 April 1970.

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:

a.  by showing that the individual concerned was awarded the Purple Heart for wounds sustained as a result of hostile action 31 October 1968; and

b.  by awarding him the Army Good Conduct Medal for the period 
9 April 1968 through 8 April 1970.

BOARD VOTE:  

__LLS___  ___PM__  __DPH __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___ Luther L. Santiful____
		        CHAIRPERSON

INDEX

CASE ID	AR2002067995	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020806	
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.