PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 7 August 2003
         DOCKET NUMBER: AR2003085215


         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:

Mr. Arthur A. Omartian		Chairperson
Mr. Thomas B. Redfern		Member
Ms. Mae M. Bullock		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 (Armed Forces of the United States Report of Transfer or Discharge) to show the Army Commendation Medal with "V" Device.

3. The applicant states that the "V" Device is not documented on his DD Form 214 and that he received this award while he was assigned with Company C, 704th Maintenance, 4th Infantry Division. He submitted Page 4 of his DA Form 20 (Enlisted Qualification Record) and a DA Form 1577 (Authorization for Issuance of Awards).

4. The applicant’s military records show that he was inducted into the Army on 14 February 1969. He completed the required training and served in Vietnam from 5 November 1969 through 22 October 1970. The applicant was honorably released from active duty on 23 October 1970.

5. The applicant's DD Form 214 shows two separate entries: "ARCOM."

6. The applicant's personnel records contain Headquarters, 1st Infantry Division General Orders Number 3032, dated 27 February 1970, which awarded him the Army Commendation Medal for meritorious achievement for the period 15 November 1969 through 15 January 1970.

7. The applicant's personnel records also contain Headquarters, 4th Infantry Division General Orders Number 4775, dated 18 September 1970, which awarded him the Army Commendation Medal for meritorious service for the period November 1969 through November 1970.

8. There is no evidence of record which shows the applicant was awarded the Army Commendation Medal with "V" Device. His DA Form 20 does not list the Army Commendation Medal with "V" Device in item 41 (Awards and Decorations). The applicant did not provide a copy of orders or an award certificate in support of his claim for this award.

9. A DA Form 1577, dated 14 June 2001, shows the applicant was authorized issuance of the Army Commendation Medal with "V" Device, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Ribbon with "V" Device (1960), the Sharpshooter Badge with Rifle Bar and the Expert Badge with Grenade Bar.

10. Item 38 (Record of Assignments) on the applicant's DA Form 20 shows he was assigned to Company A, 2nd Battalion (Mechanized), 2nd Infantry, 1st Infantry Division in Vietnam from 15 November 1969 to 30 October 1969. His DA Form 20 shows he was reassigned to Company C, 704th Maintenance, 4th Infantry Division on 19 May 1970 and was assigned to this unit until he returned to the continental United States in October 1970 after being credited with participation in three campaigns.

11. 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.

12. Army Regulation 600-8-22 provides, in pertinent part, that the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” device in conjunction with awards of the Army Commendation Medal, the Air Medal and the Bronze Star Medal.

13. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

14. Headquarters, Department of the Army General Orders Number 8, dated 1974, awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

15. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of the applicant’s assignment to Company C, 704th Maintenance, 4th Infantry Division, this unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters Department of the Army General Orders Number 53, dated 1970.

CONCLUSIONS:

1. The evidence of record shows the applicant was awarded two awards of the Army Commendation Medal, one for meritorious achievement and one for meritorious service.

2. The Board considered the applicant's contention that he received the "V" Device while he was assigned to Company C, 704th Maintenance, 4th Infantry Division. However, there are no orders available to the Board which authorize award of the Army Commendation Medal with "V" Device to the applicant. Therefore, there is no basis for correcting his DD Form 214 to show the Army Commendation Medal with "V" Device.
3. The Board notes he was authorized issuance of the Army Commendation Medal with "V" Device on the DA Form 1577, dated 14 June 2001; however, there is no evidence to substantiate this award.

4. Although the applicant was awarded two awards of the Army Commendation Medal, his DD Form 214 incorrectly reflects two separate entries of "ARCOM." Therefore, the Board determined that it would be appropriate to correct the applicant's DD Form 214 to show the Army Commendation Medal (First Oak Leaf Cluster) to denote two awards of the Army Commendation Medal.

5. The Board notes that the applicant was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Later all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974. Therefore, his records should be corrected to show these foreign unit awards.

6. Based on the applicant’s dates of service in Vietnam, Appendix B of Army Regulation 600-8-22 shows that he participated in three campaigns of the Vietnam War. Therefore, in accordance with the governing regulation, the applicant is entitled to three bronze service stars for wear on his Vietnam Service Medal and correction of his DD Form 214 to show these awards.

7. 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 deleting the two entries: "ARCOM" from item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the applicant's DD Form 214;

         b. by adding award of the Army Commendation Medal (First Oak Leaf Cluster), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and

         c. by showing he is authorized to wear three bronze service stars on his Vietnam Service Medal.




2. That so much of the application as it relates to the Army Commendation Medal with "V" Device be denied.

BOARD VOTE:

________ ________ ________ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003085215
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030807
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.	107.0020
2.
3.
4.
5.
6.