MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            17 June 2003
	DOCKET NUMBER:   AR2002080458

	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	
	Mr. Richard P. Nelson		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn. 		Chairperson	
	Mr. Hubert O. Fry		Member	
	Ms. Maria J. Troup		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:  That his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be updated to reflect all authorized awards and decorations.  

APPLICANT STATES:  That the Army Commendation Medal is missing from his DD Form 214.  In support of his application, the applicant provided a copy of his DD Form 214.

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

The applicant enlisted in the Regular Army on 24 July 1967 for 3 years.  He completed Basic Combat and Advanced Individual Training in Military Occupation Skill (MOS) 76A10 (Supply Storage Specialist) at Fort Jackson, South Carolina.  The applicant was then assigned to Vietnam where, according to his DA Form 20 (Enlisted Qualification Record), he performed duties as a Warehouseman and Unit Supply Clerk.  The applicant returned to Fort Benning, Georgia where he completed his military service and was honorably separated from active duty on 23 July 1970, in the grade of E-4.

There are no orders in the applicant’s service personnel records which show that he was awarded the Army Commendation Medal and the applicant did not provide a copy of orders or an award certificate in support of his claim for this award.  Block 24 (Awards, Decorations, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the Army Commendation Medal.  Block 41 (Awards and Decorations) of his DA Form 20 does not show award of the Army Commendation Medal.

A staff member of the Army Review Boards Agency conducted a review of unit records maintained at the National Archives in College Park, Maryland.  Review of these records did not reveal any General Orders authorizing the applicant an award of the Army Commendation Medal.

Army Regulation 600-8-22 provides, in pertinent part, 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.

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 that, at the time of the applicant’s assignment to the 855th Supply Company C, the unit was cited for award of the Meritorious Unit Commendation by Headquarters Department of the Army General Orders (DAGO) Number 37, dated 1970.

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 request for award of the Army Commendation Medal.

2.  There are no orders in the applicant’s service personnel records which show that he was awarded, or was recommended for award of, the Army Commendation Medal.

3.  The applicant did not provide a copy of orders or an award certificate in support of his claim for the Army Commendation Medal.

4.  Block 41 of his DA Form 20 does not show award of the Army Commendation Medal.

5.  His DD Form 214, which is authenticated in the applicant’s own hand, does not show award of the Army Commendation Medal in Block 24.

6.  Based on the foregoing, the Board determined that there is insufficient evidence upon which to base award of the Army Commendation Medal.

7.  The Board noted the applicant’s entitlement to award of the Meritorious Unit Commendation and determined that his records should be corrected administratively.

8.  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.

9.  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.

NOTE:  The Board requests that the Army Review Boards Agency (ARBA), Support Division, St. Louis, administratively correct the records of the individual concerned to show that he was awarded the Meritorious Unit Commendation based on DAGO 37, dated 1970.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___FNE _  ___HOF__  __MJT__  DENY APPLICATION

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

INDEX

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