PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           10 May 2000                   
	DOCKET NUMBER:   AR1999030492

	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.  

	Mrs. Joyce A. Hughes .		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Thomas B. Redfern, III		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 he be awarded the Medal of Honor (MOH).

3.  The applicant states in effect that he was wounded while in combat and was awarded the Purple Heart, he feels that he should have been awarded the Medal of Honor in addition to the Purple Heart.

4.   The applicant’s military records show that he was born on 5 April 1948.  He completed 12 years of formal education.  On 14 February 1969, the applicant was inducted into the Army for 2 years.  He completed the required training and was awarded military occupational specialty 11B20 (Light Weapons Infantryman).

5.   The DA Form 20 (Enlisted Qualification Record) shows that the applicant was absent without leave for one day while attending Advance Individual Training, he received an Article 15 for that incident.  The record also shows that the applicant’s conduct and efficiency ratings were excellent for the entire period of service.

6.   The applicant was assigned to Vietnam during the period of 24 July 1969 to 21 July 1970, he served in Company B, 2nd Battalion, 7th Calvary, 1st Calvary Division.  He served a total of 11 months and 28 days in Vietnam.

7.   On 12 February 1971, the applicant was honorably discharged from active duty, in pay grade E-4, under the provisions of Army Regulation 635-200, SPN 201, (Expiration of Term of Service).  He completed 1 year, 11 months and 28 days of creditable active service.  He was authorized the Purple Heart Medal; the National Defense Service Medal; the Air Medal; the Combat Infantryman Badge; the Vietnam Service Medal w/2 bronze service stars; the Army Commendation Medal and the Vietnam Campaign Medal.

8.   Army Regulation 600-8-22 states, in pertinent part, that the Medal of Honor is awarded by the President in the name of Congress to a person, while a member of the Army, who distinguishes himself conspicuously by gallantry and intrepidity at the risk of his life above and beyond the call of duty while engaged in an action against an enemy of the United States.  The regulation provides that the deed performed must have been one of personal bravery or self sacrifice so conspicuous as to clearly distinguish the individual above his comrades and just have involved the risk of life.  Further, the regulation requires that “incontestable proof” of the performance of the service will be exacted and each recommendation for this decoration will be considered on the standard of extraordinary merit.

9.   It also states 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 1940 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.

10.   The Fiscal Year 1996 National Defense Authorization Act (FY96 NDAA) provided that the Service concerned will review a proposal for the award of, or upgrading of, a decoration that would not otherwise be authorized to be awarded based upon time limitations previously established by law.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow comrades who had personal knowledge of the circumstances and events relative to the request.  A request for award not previously submitted in a timely fashion will only be considered under this provision if the request has been referred to the Service Secretary from a Member of Congress.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rests with the requester.

CONCLUSIONS:

1.  The Board did note that the applicant was awarded the Purple Heart (PH)
for wounds sustained as a result of hostile action however, receiving the PH award does not automatically qualify him for the MOH.

2.  There is no evidence in his record nor has he provided any evidence to support him being awarded the MOH.  Therefore, he is not entitled to the MOH award.  

3.  The Good Conduct Medal is awarded to the applicant for the period 
14 February 1969 to 12 February 1971, his conduct and efficiency ratings throughout his military service have been rated excellent.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by:

     a.  awarding the Good Conduct Medal to the individual concerned; and

     b.  by correcting item 24 of his DD Form 214 to show that he was awarded the
the Good Conduct Medal.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__mkp___  __gdp___  __tbr___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Margaret K. Patterson
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999030492	
SUFFIX		
RECON		
DATE BOARDED	20000510	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0001	
2.	107.0056	
3.		
4.		
5.		
6.