PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            3 May 2000        
	DOCKET NUMBER:   AR1999034734

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. John H. Kern		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 that his records be corrected to reflect award of the Purple Heart and Army Good Conduct Medal.  He states he received both of these awards while in the Army but neither one was reflected on his separation report.  He states he was "wounded in Vietnam during the summer of 1967" and submits statements from family members and friends, in support of his request.  He also notes that he did not request the awards in 1995 when he requested award of the Combat Infantryman Badge because he "had no evidence to submit."

3.  Records available to the Board indicate the applicant entered active duty on 
2 August 1966 and, according to entries on his DA Form 20 (Enlisted Qualification Record), successfully completed basic and advanced individual training in the clerical field (specialty series 71) prior to being assigned to the 7th Support Battalion of the 199th Infantry Brigade in Vietnam in April 1967.

4.  On 19 April 1967, shortly after the applicant's arrival in Vietnam, orders were issued by the 199th Infantry Brigade withdrawing the applicant's primary specialty 11C10 (infantry) and awarding him a primary specialty of 71H20 (personnel specialist).  The form notes the applicant performed duties in that field for the duration of his assignment in Vietnam.  He was promoted to pay grade E-4 in specialty 71H in September 1967 and in November 1967 specialty 71H was withdrawn as his primary specialty and he was awarded a 71L (administrative specialist) as his primary specialty.  He was promoted to pay grade E-5 in that specialty in December 1967.

5.  Notwithstanding the fact that the applicant did not hold an infantry specialty (11 series) he was awarded the Combat Infantryman Badge in February 1968.  The 199th Infantry Brigade published orders confirming the award.

6.  The applicant returned to the United States in March 1968 and completed his service contact at Fort Sheridan, Illinois.  He was honorably discharged on 
1 August 1968 in pay grade E-5.  His conduct and efficiency ratings throughout his service were excellent.

7.  His separation physical examination makes no mention of any wounds received as a result of hostile action and item 40 (wounds) on his DA Form 20 is blank.

8.  The applicant's original VA disability form, completed in May 1971, notes the applicant reported being treated for venereal disease in 1967 while in Vietnam and for a broken ankle at the 24th Medical Center and Fort Sheridan.

9.  Family members and friends authored the statements submitted in support of the applicant's request in 1999.  None of the authors indicated they were eyewitnesses to the applicant's injury.

10.  In 1996 a DD Form 215 was issued correcting the applicant's 1968 DD Form 214 to reflect entitlement to the Combat Infantryman Badge based on orders provided by the applicant.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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 by a medical officer, and the medical treatment must have been made a matter of official record.

12.  Army Regulation 600-8-22 also 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.

CONCLUSIONS:

1.  The applicant completed a qualifying period for award of the Army Good Conduct Medal on 1 August 1968 when he was honorably discharged from active duty.  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 and no evidence which would serve as a basis to disqualify him from the award.  As such it would be appropriate to award the applicant an Army Good Conduct Medal for the period 2 August 1966 through 1 August 1968.

2.  There is, however, no evidence, and the applicant has not provided any which has convinced the Board that he was wounded as a result of hostile action while in Vietnam and as such there is no basis to award him a Purple Heart.

3.  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 awarding the individual concerned an Army Good Conduct Medal for the period 2 August 1966 through 1 August 1968.

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

BOARD VOTE:  

___rvo__  ___jhk__  ___ewl__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999034734	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000503	
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.