MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           14 January 2003                   
	DOCKET NUMBER:   AR2002075290

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson 		Chairperson	
	Ms. Jennifer L. Prater 		Member	
	Ms. Mae Bullock 		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, award of the Army Commendation Medal with “V” Device.

APPLICANT STATES:  In effect, that on 19 June 1967 his company was ambushed by a large enemy force.  Years later, he learned that most of his squad had been awarded the Army Commendation Medal with “V” Device for their actions during that engagement.  He states that he recently obtained a DA Form 2496 (Disposition Form), dated 15 November 1967, which shows he was to be presented an unspecified award.  He contends that the award may be the Army Commendation Medal with “V” Device.  In support of his application, he submits two letters, dated 18 January 2002 and 3 December 2001, from a Veterans Service Agency; a letter, dated 11 January 2002, from the National Archives and Records Administration; a DA Form 2496 (Disposition Form), dated 15 November 1967; general orders for the Army Commendation Medal with “V” Device for heroism on 19 June 1967 belonging to a member of Company C, 3d Battalion, 47th Infantry of the 9th Infantry Division; a DD Form 214 (Report of Transfer or Discharge; and a DD Form 215 (Correction to DD Form 214), dated 23 February 1973.   

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant was inducted on 9 May 1966.  He served as a light weapons infantryman in Vietnam from 10 January 1967 through 25 June 1967.  On 
28 February 1968, the applicant was honorably discharged for immediate reenlistment.  On 29 February 1968, the applicant reenlisted for a period of 
4 years and extended his enlistment on 24 January 1972 for a period of 
6 months.  He was honorably discharged on 28 August 1972. 

The applicant’s DD Forms 214 with effective dates of 29 February 1968 and 
28 August 1972 do not show the Army Commendation Medal with “V” Device as an authorized award. 

There are no orders for the Army Commendation Medal with “V” Device in the applicant’s service personnel records.

Item 41 (Awards and Decorations) on the applicant’s DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Army Commendation Medal with “V” Device.

Records show the applicant was assigned to Company C, 3rd Battalion, 47th Infantry of the 9th Infantry Division during his assignment in Vietnam.

The applicant provided a copy of a DA Form 2496 (Disposition Form), dated 
15 November 1967, which requests that a ceremony be scheduled for presentation of an unspecified award to the applicant.  This form also states, “Copy of orders enclosed.” and the enclosures shown on the DA Form 2496 are “GO #108” [General Orders Number 108] and “SO #187” [Special Orders Number 187].  

A review of 9th Infantry Division General Orders Number 108, dated 1 March 1967, show a captain assigned to Headquarters and Headquarters Company, 1st Brigade of the 9th Infantry Division was awarded the Air Medal.  The applicant’s name does not appear on these orders.

There are no 9th Infantry Division Special Orders Number 187 contained in the applicant’s service personnel records. 

The applicant also provided a letter, dated 11 January 2002, from the National Archives and Records Administration in College Park, Maryland.  This letter indicates that a search of the available general orders of the 9th Infantry Division failed to locate an order awarding the applicant the Army Commendation Medal with “V” Device.       

Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 
6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  The bronze “V” device indicates acts of heroism involving conflict with an armed enemy.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The Board considered the applicant’s contention that most of his squad was awarded the Army Commendation Medal with “V” Device for their actions on 
19 June 1967 when his company was ambushed by a large enemy force.   

2.  The Board also considered the applicant’s contention that the unspecified award shown on the DA Form 2496 (Disposition Form), dated 15 November 1967, might be the Army Commendation Medal with “V” Device.  However, 
9th Infantry Division General Orders Number 108 does not authorize the Army Commendation Medal with “V” Device to the applicant.

3.  The available records do not contain 9th Infantry Division Special Orders Number 187.  Therefore, the Board is unable to determine its subject matter. 

4.  There is no evidence available to the Board, and the applicant has provided no evidence, which shows that he was awarded the Army Commendation Medal with “V” Device.  Therefore, the Board determined that there is insufficient evidence on which to base award of the Army Commendation Medal with “V” Device in this case.

5.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

6.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

MKP___  JLP____  MB______  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002075290	
SUFFIX		
RECON		
DATE BOARDED	20030114	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0020	
2.		
3.		
4.		
5.		
6.