PROCEEDINGS

	IN THE CASE OF:           

	BOARD DATE:                 16 December 1999 
	DOCKET NUMBER:        AR1999029496

	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. Loren G. Harrell		Director	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Fred K. McCoy		Chairperson	
	Mr. Raymond V. O’Connor, Jr.		Member	
	Mr. Stanley Kelley		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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that he was awarded the Purple Heart with 1st Oak Leaf Cluster and the Combat Infantryman Badge (CIB).

3.  The applicant states, in effect that his DD Form 214 does not show his award of the Purple Heart with 1st Oak Leaf Cluster and the CIB.  He also states that he is qualified to be awarded the CIB and that he served as an infantryman in South Vietnam.  He further states that as a result of his service, he was wounded twice
by enemy fire and was awarded the Purple Heart on 12 October 1968 and 13 October 1968.  In support of his application he submits two copies of award certificates for the Purple Heart.

4.  The applicant’s military records show he was inducted on 8 April 1968 as a light weapons infantryman.  He served in Vietnam for approximately 1 month and 19 days and was placed on the Temporary Disability Retired List (TDRL) on 22 October 1969.

5.  The applicant’s DD Form 214 shows the applicant was awarded the National Defense Service Medal, the Purple Heart and the Sharpshooters Badge (Rifle 
M-14).  His discharge document does not any additional awards of the Purple Heart or the CIB.

6.  The applicant provides two award certificates, which show that he was awarded the Purple Heart for wounds received in action on 12 October 1968 and 13 October 1968 while serving in Vietnam.

7.  There are no orders in the applicant’s personnel records, which show that he 
was awarded the Combat Infantryman Badge.  Records show he served as light weapons infantryman (11B) in an infantry company during his service in Vietnam.

8.  The Board notes that the applicant is entitled to the Vietnam Service Medal, the Vietnam Campaign Medal with 1960 Device and the first award of the Good Conduct Medal for the period 8 April 1968 to 22 October 1969.

9.  There is no indication in the available records that shows he was awarded the Good Conduct Medal. 

10.  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.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.
11.  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.

12.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

13.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more and contributed direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

14.  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.  Evidence of record shows that the applicant was wounded as a result of hostile action while serving in Vietnam on 12 October 1968 and 13 October 1968. Therefore, he is entitled to the correction of his records to show two awards of the Purple Heart (Purple Heart with First Oak Leaf Cluster).

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 award of the CIB and correction of his records to show the CIB. 
3.  The applicant completed a period of qualifying service for award of the Vietnam Service Medal and the Vietnam Campaign Medal with 1960 Device; therefore, he is entitled to correction of his records to show these awards.

4.  The applicant is entitled to the first award of the Good Conduct Medal for the period 8 April 1968 to 22 October 1969 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.

5.  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 in item 24 (Decorations and Awards) of his DD Form 214 that he was awarded the Purple Heart with First Oak Leaf Cluster, the Combat Infantryman Badge, the Vietnam Service Medal, the Vietnam Campaign Medal with 1960 Device and the first award of the Good Conduct Medal for the period 8 April 1968 to 22 October 1969.

BOARD VOTE:  

FKM____  RVO_____  SK_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Fred K. McCoy_________
		        CHAIRPERSON

INDEX

CASE ID	AR1999029496	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19991216	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19691022	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1. 61		
2.  157		
3.		
4.		
5.		
6.