PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 7 May 2002
         DOCKET NUMBER: AR2002067760


         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. Samuel A. Crumpler		Chairperson
Mr. John T. Meixell		Member
Mr. Kenneth W. Lapin		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.

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2. The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) with an effective date of 14 January 1972 to show award of the Presidential Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, two awards of the Army Commendation Medal (correctly known as the Army Commendation Medal (First Oak Leaf Cluster)) and the Bronze Star Medal.

3. The applicant states, in effect, that these awards were left off of his discharge document upon leaving both tours in Vietnam and that his following units did not pick up on them. In support of his application, he submits three DD Forms 214 with effective dates of 14 January 1972, 16 November 1964 and 27 November 1957.

4. The applicant’s military records show that he served in the U.S. Naval Reserve from 10 December 1952 through 27 December 1954. He enlisted in the Regular Army on 28 December 1954 for a period of 3 years. He served as a combat construction specialist and was honorably discharged on 27 November 1957 and transferred to the U.S. Army Reserve. He entered active duty again on 2 February 1962. The applicant served two tours in Vietnam as an aviation equipment maintenance supervisor and was honorably discharged on
14 January 1972.

5. The applicant’s DD Form 214 with an effective date of 14 January 1972, which was authenticated in his own hand, does not show the Presidential Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Army Commendation Medal (First Oak Leaf Cluster) or the Bronze Star Medal as authorized awards. The DD Form 214 does show one award of the Army Commendation Medal as an authorized award.

6. 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 units, to which the applicant was assigned during his assignments in Vietnam, the 335th Transportation Company and the 59th Signal Detachment, were not cited for award of the Presidential Unit Citation while he was assigned to them.

7. 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, the 335th Transportation Company, was cited for award of the Meritorious Unit Commendation for actions during the period 1 November 1966 to 31 October 1967 by Department of the Army General Orders Number 48, dated 1968.

8. 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 6, dated 1974.

9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant’s units were not cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to them.

10. The applicant’s DD Form 214 with an effective date of 14 January 1972 shows one award of the Army Commendation Medal. His records contain U.S. Army School/Training Center and Fort Gordon General Orders Number 120, dated 15 October 1970, which show that he was awarded the Army Commendation Medal for meritorious service during the period 16 February 1970 to 10 October 1970.

11. Item 41 (Awards and Decorations) on the applicant’s DA Form 20 (Enlisted Qualification Record) shows that he was awarded the Army Commendation Medal by Headquarters U.S. Army Southeastern Signal School General Orders 136, dated 31 October 1971.

12. There is no evidence in the applicant’s service personnel records which shows that he was recommended for or awarded the Bronze Star Medal. Item 41 (Awards and Decorations) on his DA Form 20 does not show entitlement to the Bronze Star Medal.

13. Army Regulation 600-8-22 (Military Awards) 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.

14. Army Regulation 600-8-22 states that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.

15. Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

CONCLUSIONS:

1. The Board considered the applicant’s contention that he is entitled to award of the Presidential Unit Citation. However, Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) does not show that the applicant’s units were cited for award of the Presidential Unit Citation while he was assigned to them. Therefore, the Board determined that there is no evidence on which to base award of the Presidential Unit Citation in this case.

2. The applicant’s unit received the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it. Therefore, the applicant is entitled to correction of his DD Form 214 with an effective date of 14 January 1972 to show these awards.

3. The Board noted the applicant’s contention that he is entitled to the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. However, Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) does not show that the applicant’s units were cited for award of this unit citation while he was assigned to them. Therefore, the Board determined that there is no evidence on which to base award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation in this case.

4. Evidence of record shows the applicant received two awards of the Army Commendation Medal. Therefore, the applicant is entitled to correction of his DD Form 214 with an effective date of 14 January 1972 to show award of the Army Commendation Medal (First Oak Leaf Cluster).

5. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Bronze Star Medal. Therefore, the Board determined that there was insufficient evidence on which to base award of the Bronze Star Medal in this case.

6. 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 Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Army Commendation Medal (First Oak Leaf Cluster).


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

BOARD VOTE:

SAC____ JTM_____ KWL____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Samuel A. Crumpler____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002067760
SUFFIX
RECON
DATE BOARDED	20020507
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.
3.
4.
5.
6.