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Decision Text

ARMY | BCMR | CY2002 | 2002071223C070402
Original file (2002071223C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 09 JULY 2002
         DOCKET NUMBER: AR2002071223


         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. Deborah L. Brantley Senior Analyst


The following members, a quorum, were present:

Ms. Joann Langston Chairperson
Mr. Thomas B. Redfern III Member
Mr. Roger W. Able 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 that his records be corrected to reflect award of the Army Commendation Medal. He states, in effect, that the award was omitted from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). In support of his request he submits a copy of his award citation and certificate.

3. Records available to the Board indicate the applicant entered active duty as a commissioned officer in June 1971. He completed training as a field artillery officer and served in Vietnam between October 1971 and August 1972. While in Vietnam he participated in three designated campaign periods (Consolidation I and II and Vietnam Cease-Fire).

4. Following the applicant's return to the United States in August 1972 the applicant was assigned to Fort Polk, Louisiana. On 7 May 1973 the applicant was awarded the Army Commendation Medal for meritorious service during the period "27 September 1972 to 15 May 1973." The applicant was released from active duty on 15 May 1973.

5. The applicant's records do not contain a copy of orders awarding him the Army Commendation Medal and the award was not recorded on his separation document. The award certificate, submitted by the applicant in support of his application to the Board, was authenticated by the Commanding General of Fort Polk and Secretary of the Army Robert F. Froeklke (Secretary of the Army between 1971 and 1973).

6. By virtue of the applicant's assignment in Vietnam between October 1971 and August 1972 he is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Vietnam Service Medal, and three bronze service stars on his Vietnam Service Medal, denoting participation in three designated campaign periods. Those elements were omitted from his separation document.

CONCLUSIONS:

1. The Board notes that there are no orders in the applicant's available records awarding him the Army Commendation Medal, however, his award certificate is signed by the appropriate Secretary of the Army, and the period of service covered by the award is consistent with the applicant's dates of service at Fort Polk. The fact that the certificate was issued so close to the applicant's separation date could explain the absence of the award on his separation document. In the absence of orders, or evidence to the contrary, the Board accepts the applicant’s award certificate as authentication of entitlement to the Army Commendation Medal and in the interest of justice concludes it would be appropriate to add the award to his separation document.

2. The Board also notes that, as a result of his tour of duty in Vietnam, the applicant is also entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Vietnam Service Medal, and three bronze service stars on his Vietnam Service Medal. His records should be corrected to reflect those decorations which were omitted from his separation document.

3. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

a. by showing that the individual concerned was awarded an Army Commendation Medal; and

b. by showing that he is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Vietnam Service Medal, and three bronze service stars on his Vietnam Service Medal.

BOARD VOTE:

__JL____ __TBR __ __RWA__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Joann Langston ____
                  CHAIRPERSON




INDEX

CASE ID AR2002071223
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020709
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 100
2. 107
3.
4.
5.
6.


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