PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:               3 February 2000
	DOCKET NUMBER:      AR1999031758

	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.  

	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Ms. Barbara J. Ellis 		Member	
	Mr. Ernest W. Lutz, 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 correction of his records to show award of the Purple Heart for a grenade injury to his left hand on 6 July 1969 in Chu Lai, Vietnam.

3.  The applicant states that the Purple Heart was omitted from his DD Form 214 issued on 8 June 1970.  He states that he was in the Infantry, 2nd Platoon, Company B, 46th Battalion, 198th Light Infantry Brigade, Americal Division at the time he sustained the wound.  He also states that he was reassigned to the Artillery unit after leave in Hawaii.  In support of his application, he provides a photo of himself in the hospital in Vietnam; copies of a letter he sent to his parents, dated 25 July 1969; and a neurologist report, dated 3 August 1999.

4.  The applicant’s military records show that he was inducted on 22 October 1968 and completed infantry training.  He served in Vietnam from 9 June 1969 to 8 June 1970 and was honorably discharged from active duty on 8 June 1970.  

5.  The applicant’s DD Form 214 (Report of Transfer or Discharge) does not show the Purple Heart as an authorized award.  The Board notes that the applicant is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Army Commendation Medal and the Good Conduct Medal which are also not shown on his discharge document.

6.  The applicant’s service medical records show that he sustained a fragment wound to his left hand as a result of hostile action.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Order Number 8, dated 1974.

8.  The applicant was awarded the Army Commendation Medal by Americal Division General Orders Number 5126, dated 29 May 1970.

9.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

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.

11.  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; therefore, he is entitled to award of the Purple Heart.

2.  The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Army Commendation Medal; therefore, he is entitled to correction of his records to show these awards.

3.  The applicant is entitled to the first award of the Good Conduct Medal based on completion of qualifying service from 22 October 1968 through 8 June 1970 ending with termination of a period of Federal military service.

4.  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 the individual concerned was awarded the Purple Heart, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Army Commendation Medal and the first award of the Good Conduct Medal for the period 22 October 1968 through 8 June 1970.

BOARD VOTE:  

MKP____  BJE_____  EWL____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Margaret K. Patterson_
		        CHAIRPERSON

INDEX

CASE ID	AR1999031758	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000203 	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.