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ARMY | BCMR | CY2001 | 2001051564C070420
Original file (2001051564C070420.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 10 April 2001
         DOCKET NUMBER: AR2001051564


         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. Beverly A. Young Analyst


The following members, a quorum, were present:

Ms. Sherri V. Ward Chairperson
Mr. George D. Paxson Member
Mr. James E. Anderholm 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 item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 (Report of Transfer or Discharge) to show award of the Army Commendation Medal, the Presidential Unit Citation, the Meritorious Unit Commendation, and the Republic of Vietnam Campaign Medal.

3. The applicant states, in effect, that these awards are not listed on his DD Form 214. He submits a copy of his DD Form 214 in support of his application.

4. The applicant’s military records show that he enlisted in the Regular Army on 26 March 1969, completed training as a power generation equipment operator/mechanic and served in Vietnam from 7 June 1970 through 19 February 1971. The applicant was honorably released from active duty on 20 February 1971.

5. The applicant’s DD Form 214 does not show the Army Commendation Medal, the Presidential Unit Citation, the Meritorious Unit Commendation or the Republic of Vietnam Campaign Medal as authorized awards.

6. There are no orders in the applicant’s service personnel records which show he was awarded the Army Commendation Medal. His personnel records contain an award certificate, dated 28 March 1971, which shows he was awarded the Army Commendation Medal for meritorious service in the Republic of Vietnam during the period June 1970 to March 1971.

7. Records show that the applicant was a member of the 134th Quartermaster Company and the 514th Quartermaster Company while assigned in Vietnam. There is no evidence of record which shows that these units were cited for award of the Presidential Unit Citation or the Meritorious Unit Commendation for actions during the period June 1970 to February 1971.

8. The applicant’s records contain a DA Form 1577 (Authorization for Issuance of Awards) prepared by the National Personnel Records Center and dated 21 August 1991. This document shows that the applicant was authorized award of the Republic of Vietnam Campaign Medal with Device (1960), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Good Conduct Medal and the Vietnam Service Medal with two bronze service stars which are not shown on the applicant’s DD Form 214.

9. Army Regulation 600-8-22 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.

10. Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action. A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

11. Army Regulation 600-8-22, in pertinent part, states that effective 1 March 1961, the Meritorious Unit Commendation was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months in support of military operations.

CONCLUSIONS:

1. There are no orders in the applicant’s records which show he was awarded the Army Commendation Medal. However, the Board has determined that the award certificate is sufficient as a basis for award of the Army Commendation Medal. Therefore, as an exception to regulation, the applicant is entitled to award of the Army Commendation Medal and correction of his DD Form 214 to show this award.

2. There is no evidence of record which shows the applicant was assigned to a unit that was cited for award of the Presidential Unit Citation or the Meritorious Unit Commendation; therefore, he is not entitled to correction of his DD Form 214 to show the Presidential Unit Citation or the Meritorious Unit Commendation.

3. The applicant was awarded the Republic of Vietnam Campaign Medal with Device (1960), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Good Conduct Medal and the Vietnam Service Medal with two bronze service stars; therefore, he is entitled to correction of his DD Form 214 to show these awards.

4. 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:

a. by showing the individual concerned was awarded the Army Commendation Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Good Conduct Medal in item 24 on his DD Form 214;

b. by deleting the entry “VSM” in item 24 on his DD Form 214; and

c. by adding the entry “Vietnam Service Medal with two bronze service stars” in item 24 on his DD Form 214.

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

BOARD VOTE:

SVW____ GDP____ JEA____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Sherri V. Ward________
                  CHAIRPERSON




INDEX

CASE ID AR2001051564
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20010410
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT IN PART
REVIEW AUTHORITY Mr. Schneider
ISSUES 1. 107.0000
2.
3.
4.
5.
6.


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