RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  22 January 2004
	DOCKET NUMBER:  AR2003088019

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Mr. Ronald J. Weaver		Member	
	Mr. Arthur A. Omartian		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) to show that he was awarded the Purple Heart.

2.  The applicant states that his award of the Purple Heart was omitted from his DD Form 214.  He also states that he received a shrapnel wound to his right leg while serving in Munich, Germany in 1963 or 1964.

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of error which occurred on 19 November 1964, the date of his discharge.  The application submitted in this case is dated 20 February 2003.  

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's military records show he entered active duty (AD) on 4 December 1962, as an armor intelligence specialist.  He served in Germany from 17 November 1963 to 5 November 1964.  He continued to serve until he was released from AD on 19 November 1964.  He was transferred to the Army Reserve. 

4.  The applicant’s DD Form 214 shows he was awarded the Marksmanship Qualification Badge (Rifle M-1) and (MG M60).  His DD Form 214 does not show the Purple Heart as an authorized award.  

5.  His DA Form 24 (Service Record) does not show an entry in Section 8 (Wounds Received Through Enemy Action) and does not show the Purple Heart as an entry in Section 9 (Medals, Decorations, and Citations). 

6.  There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  There also is no evidence in his records that shows he was wounded or treated for wounds as a result of hostile action.

7.  The applicant's medical records are unavailable for review.
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 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.  After 27 June 1950 to the present time, the current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

10.  Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, and 2 August 1990 through 30 November 1995.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he received a shrapnel wound to his right leg while serving in Germany is noted; however, there is no evidence available to the Board, and the applicant has provided no evidence to, which shows that he was wounded as a result of hostile action while serving in Germany.  Therefore, there is insufficient basis to approve an award of the Purple Heart. 

2.  The applicant is entitled to the first award of the Good Conduct Medal for the period 4 December 1962 to 19 November 1964 based on 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.

3.  The evidence of record shows that the applicant was eligible for the National Defense Service Medal.  Therefore, he is entitled to correction of records to show this award.

BOARD VOTE:

__jl____  __rw______  ___ao____  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was awarded the first award of the Good Conduct Medal for the period 4 December 1962 to 19 November 1964 and the National Defense Service Medal. 

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Purple Heart.

		____Joann Langston____
		        CHAIRPERSON

INDEX

CASE ID	AR2003088019	
SUFFIX		
RECON		
DATE BOARDED	20040122	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19641119	
DISCHARGE AUTHORITY	AR  635-200	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	61	
2.		
3.		
4.		
5.		
6.