PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           19 November 2002
	DOCKET NUMBER:   AR2002075889

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

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Sherri V. Ward		Member	
	Mr. Melvin H. Meyer		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 DD Form 214 (Report of Transfer or Discharge) to show award of the Army Commendation Medal with “V” Device.

3.  The applicant states that he received the medal but it is not shown on his DD Form 214.  In support of his application, he submits a copy of his DD Form 214 and a photograph of a Army Commendation Medal with “V” Device.

4.  The applicant’s military records show that he was inducted on 21 January 1966.  He served as a pioneer, a combat construction specialist and heavy truck driver in Vietnam from 19 November 1966 through 3 November 1967.  On 
7 November 1967, the applicant was honorably released from active duty. 

5.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Army Commendation Medal with “V” Device as an authorized award.

6.  In support of his claim for award of the Army Commendation Medal with “V” Device, the applicant provided a photograph of an Army Commendation Medal with “V” Device.  However, there are no orders for the Army Commendation Medal with “V” Device in the available records.

7.  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.

8.  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.

9.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  His records show that he participated in two campaigns during his assignment in Vietnam.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit, to which the applicant was assigned, was cited for award of the Meritorious Unit Commendation for actions during the period 1 May 1967 to 31 July 1968 by Department of the Army General Orders Number 17, dated 1969.  This award is not shown on his discharge document.

11.  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 Orders Number 43, dated 1970.  This award is not shown on his discharge document.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 43, dated 1970.  This award is not shown on his discharge document.

13.  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.

14.  Paragraph 1-25 of Army Regulation 600-8-22 provides that awards made by the President, Secretary of Defense and the Secretary of the Army will be announced in Department of the Army General Orders.

CONCLUSIONS:

1.  The Board considered the photograph of the Army Commendation Medal with “V” Device provided by the applicant.  However, this photograph by itself is not sufficient as a basis for award of the Army Commendation Medal with “V” Device, particularly in view of evidence of record which shows the applicant was not awarded the Army Commendation Medal with “V” Device.

2.  There are no orders for award of the Army Commendation Medal with “V” Device.

3.  The applicant also signed his discharge document on 7 November 1967 attesting to the fact that he was not entitled to award of 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.

4.  The applicant is entitled to the first award of the Good Conduct Medal for the period 21 January 1966 through 7 November 1967 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.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows the applicant participated in two campaigns during his assignment in Vietnam which are not correctly shown by award of two bronze service stars for wear on his Vietnam Service Medal.  Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with two bronze service stars and correction of his DD Form 214 to show these awards.   

6.  The applicant’s unit received the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, the applicant is entitled correction of his DD Form 214 to show these unit awards.  

7.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the first award of the Good Conduct Medal, the Vietnam Service Medal with two bronze service stars, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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

BOARD VOTE:  

JNS____  SVW___  MHM_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__John N. Slone_________
		        CHAIRPERSON

INDEX

CASE ID	AR2002075889	
SUFFIX		
RECON		
DATE BOARDED	20021119	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0020	
2.	107.0000	
3.		
4.		
5.		
6.