Mr. Carl W. S. Chun | Director | |
Ms. Wanda L. Waller | Analyst |
Ms. June Hajjar | Chairperson | |
Ms. Karol A. Kennedy | Member | |
Mr. Roger W. Able | Member |
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
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. |
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