Search Decisions

Decision Text

ARMY | BCMR | CY2001 | 2001064983C070421
Original file (2001064983C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 5 February 2002
         DOCKET NUMBER: AR2001064983

         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. June Hajjar Chairperson
Ms. Karol A. Kennedy Member
Mr. Roger W. Able 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, correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Air Medal and the Army Commendation Medal (Third Oak Leaf Cluster) with “V” Device.

APPLICANT STATES: That he was awarded four awards of the Army Commendation Medal, two awards for valor, one award for achievement and one award for meritorious service. He also contends that he was awarded the Air Medal. In support of his application, he submits a copy of his DD Form 214; four award certificates for the Army Commendation Medal; one award certificate for the Air Medal; and three award certificates for the Purple Heart.

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

The applicant was inducted on 7 June 1967. He served as a light weapons infantryman in Vietnam from 16 May 1968 to 15 February 1969 and was wounded on three occasions as a result of hostile action. The applicant was honorably released on 18 April 1969.

The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Air Medal or any award of the Army Commendation Medal as authorized awards.

In support of his claim, the applicant provided an award certificate, dated
13 January 1969, which shows that he was awarded the Air Medal for meritorious achievement while participating in aerial flight in Vietnam from 3 July 1968 to 28 September 1968. However, this award certificate does not show the authentication portions by the Commanding Officer or the Secretary of the Army.

There are no orders for the Air Medal in the applicant’s service personnel records. There are no flight hours in the applicant’s service personnel records. Item 41 (Award and Decorations) on the applicant’s DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Air Medal.

The applicant provided an award certificate, dated 19 September 1968, for the Army Commendation Medal with “V” Device for heroism in Vietnam on 19 June 1969. This award certificate does not show the authentication portions by the Commanding Officer or the Secretary of the Army. He provided an award certificate, dated 14 September 1968, for the Army Commendation Medal (First Oak Leaf Cluster) with “V” Device for heroism in Vietnam on 19 June 1968. This award certificate does not show the authentication portions by the Commanding Officer or the Secretary of the Army. He provided a properly authenticated award certificate, dated 27 February 1969, for the Army Commendation Medal (First Oak Leaf Cluster) for outstanding achievement during the period 14 August 1968 to 5 December 1968. He also provided a properly authenticated award certificate, dated 1 May 1969, for the Army Commendation Medal (First Oak Leaf Cluster) for meritorious service in Vietnam during the period May 1968 to January 1969.

There are no orders for any award of the Army Commendation Medal in the applicant’s service personnel records. Item 41 (Award and Decorations) on the applicant’s DA Form 20 (Enlisted Qualification Record) does not show entitlement to any award of the Army Commendation Medal.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

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. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal. The bronze “V” device indicates acts of heroism involving conflict with an armed enemy.

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.

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 unauthenticated award certificate for the Air Medal provided by the applicant. However, in accordance with the governing regulation, awards made by the Secretary of the Army will be announced in general orders. There are no general orders for the Air Medal in the applicant’s military records. Therefore, the Board finds the unauthenticated award certificate insufficient as a basis for award of the Air Medal in the case.

2. The Board also considered the two unauthenticated award certificates for the Army Commendation Medal (First Oak Leaf Cluster) with “V” Device and the two properly authenticated award certificates for the Army Commendation Medal (First Oak Leaf Cluster) provided by the applicant. However, there are no general orders for any award of the Army Commendation Medal in the applicant’s military records. Therefore, the Board finds the four award certificates insufficient as a basis for any award of the Army Commendation Medal.

3. 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.

4. 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

JH_____ KAK_____ RWA____ DENY APPLICATION



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




INDEX

CASE ID AR2001064983
SUFFIX
RECON
DATE BOARDED 20020205
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (DENY)
REVIEW AUTHORITY
ISSUES 1. 107.0018
2. 107.0020
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2002 | 2002078598C070215

    Original file (2002078598C070215.rtf) Auto-classification: Approved

    The applicant provided an award certificate, dated 30 July 1970, which shows he received the Air Medal (Third through Twenty-Second Award) for meritorious achievement for the period 10 August 1969 to 20 June 1970. Evidence of record also shows the applicant received a second award of the Air Medal for heroism on 10 March 1970 in Vietnam. Notwithstanding the two award certificates for the Air Medal (Second Award) for heroism provided by the applicant, he has presented no orders which show...

  • ARMY | BCMR | CY2001 | 2001061564C070421

    Original file (2001061564C070421.rtf) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart, the Air Medal, and the Bronze Star Medal. The applicant’s personnel records contain a DA Form 1577 (Authorization for Issuance of Awards), dated 30 April 2001, which shows the applicant was issued an award of the Purple Heart and the Air Medal. The applicant’s records show that he received a second award of the Bronze Star Medal for...

  • ARMY | BCMR | CY2011 | 20110010669

    Original file (20110010669.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Air Medal with 7th through 9th Oak Leaf Cluster and "V" Device and a certificate of achievement. Copies of certificates of achievement or memoranda of record stating that a certificate of achievement has been awarded and citing the service recognized will be distributed to the official military personnel file. As a result, the Board recommends that...

  • ARMY | BCMR | CY2005 | 20050000001C070206

    Original file (20050000001C070206.doc) Auto-classification: Approved

    There is no evidence to show that the applicant is entitled to additional awards of the Air Medal, notwithstanding the copy of the flight record that he submits with his request. Therefore, his request for awards of the Air Medal, other than as indicated above, is not granted. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Air Medal with “V” device, the Air Medal for meritorious achievement,...

  • ARMY | BCMR | CY2012 | 20120000313

    Original file (20120000313.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following awards: a. There is no evidence to show he is authorized a third award of the Bronze Star Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (1st Award) for the period 29 January 1968 to 20 January 1970; b. deleting the Vietnam...

  • ARMY | BCMR | CY2011 | 20110006460

    Original file (20110006460.txt) Auto-classification: Approved

    The applicant states, he was awarded the Air Medals during his service in the Republic of Vietnam; however, they are not reflected on his DD Form 214. Therefore, there is sufficient evidence upon which to base correction of his DD Form 214 to show award of the Air Medal (with numeral 3). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of his DD Form 214 the Vietnam Service Medal; and b. adding...

  • ARMY | BCMR | CY2008 | 20080019366

    Original file (20080019366.txt) Auto-classification: Approved

    Therefore, the applicant's records should be corrected to show these unit awards. Evidence also shows the applicant participated in four campaigns during his service in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of the applicant's DD Form 214 the Vietnam Service Medal; and b. adding to item 24 of the applicant's DD Form 214 the Bronze Star Medal with "V" Device (first oak leaf...

  • ARMY | BCMR | CY2014 | 20140020847

    Original file (20140020847.txt) Auto-classification: Approved

    His records do not contain orders awarding him any awards of the Air Medal. He was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * deleting from his DD Form 214 the Vietnam Service Medal * adding to his DD Form 214 the: * Air Medal (8th Oak Leaf Cluster) and with "V" Device * Vietnam Service Medal with one silver and one bronze service star * Republic of Vietnam Gallantry Cross with...

  • ARMY | BCMR | CY2009 | 20090012818

    Original file (20090012818.txt) Auto-classification: Approved

    The evidence of record shows the applicant completed training and he was awarded MOS 12A. Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st award) and correct his records to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of his DD Form 214 the Vietnam Service Medal; b. awarding him the Army Good Conduct Medal (1st award) for the period 21 June...

  • ARMY | BCMR | CY2010 | 20100027716

    Original file (20100027716.txt) Auto-classification: Approved

    Army Regulation 672-5-1, in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. The evidence shows the applicant was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding the applicant the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during...