MEMORANDUM OF CONSIDERATION


                  IN THE CASE OF:
        


                  BOARD DATE: 9 October 2003
                  DOCKET NUMBER: AR2003085551

         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
Mr. Richard P. Nelson		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr.		Chairperson
Mr. Robert J. Osborn, II		Member
Ms. Eloise C. Prendergast		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)

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APPLICANT REQUESTS: In effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show awards of the Valorous Unit Award, the Presidential Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal Unit Citation, a second award of the Bronze Star Medal, and two awards of the Army Commendation Medal.

APPLICANT STATES: That the above unit and individual awards were left off his DD Form 214 upon leaving the military and/or specific unit.

EVIDENCE OF RECORD: The applicant’s military records show that he enlisted in the Army on 24 May 1954. He completed his initial military training, then served in a variety of assignments throughout the world and the continental United States as a light and heavy vehicle driver, a military police dog handler, and an infantryman. His overseas tours included assignments in the British West Indies, Germany, France, and the Republic of Vietnam. The applicant completed twenty years of active federal service and retired from the Army on 1 June 1974.

The applicant’s DD Form 214, which is authenticated in his own hand, shows that he was awarded the following decorations: the Bronze Star Medal; the Combat Infantryman Badge; the Good Conduct Medal (6th Award); the Vietnam Service Medal with one silver and two bronze service stars; the National Defense Service Medal with oak leaf cluster; the Driver and Mechanic Badge with W Component Bar; the Expert Basic Marksmanship Qualification Badge with Rifle Bar; the Republic of Vietnam Campaign Medal with Device (1960); and, 3 Overseas Service Bars.

Headquarters, United States Army Infantry Center General Orders Number 86, dated 21 May 1974, announced award of the Army Commendation to the applicant for meritorious service during the period 1 July 1970 to 31 May 1974.

Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units that served in the Vietnam War. This document shows the unit to which the applicant was assigned, was cited for award of the Meritorious Unit Commendation for actions during the period January to June 1966 by Department of the Army General Orders Number 17, dated 1968.

Department of the Army General Order Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

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

Army Regulation 600-8-22 provides, in pertinent part, 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.

Army Regulation 600-8-22 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.

Army Regulation 600-8-22 provides, in pertinent part, for award of the Valorous Unit Award to units of the Armed Forces of the United States for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963. This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation. Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict. The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual.

Army Regulation 600-8-22, in pertinent part, states that the unit citation of the Republic of Vietnam Civil Actions Honor Medal is awarded by the Vietnamese government for meritorious service.

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:

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1. The Board noted that General Orders show that the applicant was awarded the Army Commendation Medal and determined that his records should be corrected administratively.

2. The Board noted the applicant’s entitlement to award of the Meritorious Unit Commendation and determined that his records should be corrected administratively.

3. The Board noted the applicant’s entitlement to award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm and determined that his records should be corrected administratively.

4. There is no evidence that shows the applicant was awarded, or was recommended for award of, a second Army Commendation Medal. Therefore, the Board determined that there is insufficient evidence upon which to base a second award of this decoration.

5. There is no evidence that shows that the applicant was awarded, or was recommended for award of, a second Bronze Star Medal. Therefore, the Board determined that there is insufficient evidence upon which to base a second award this decoration.

6. There is no evidence that shows that the unit, to which the applicant was assigned, was awarded the Valorous Unit Award during the period the applicant served with the unit. Therefore, the Board determined that there is insufficient evidence upon which to award the applicant this unit award.

7. There is no evidence that shows that the unit, to which the applicant was assigned, was awarded the Presidential Unit Citation during the period the applicant served with the unit. Therefore, the Board determined that there is insufficient evidence upon which to award the applicant this unit award.

8. There is no evidence that shows that the unit, to which the applicant was assigned, was awarded the Republic of Vietnam Civil Honor Actions Medal. Therefore, the Board determined that there is insufficient evidence upon which to award the applicant this unit award.

9. 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.

10. 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.

NOTE: The Board requests that the Army Review Boards Agency (ARBA), Support Division, St. Louis, administratively correct the records of the individual concerned to show that he was awarded: the Army Commendation Medal based on Headquarters, United States Army Infantry Center General Orders Number 86, dated 21 May 1974; the Meritorious Unit Commendation, based on Department of the Army General Orders Number 17, dated 1968; and the Republic of Vietnam Gallantry Cross Unit Citation with Palm, based on Department of the Army General Order Number 8, dated 1974.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

___ecp __ ____rvo _ ____rjo__ DENY APPLICATION

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

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INDEX

CASE ID	AR2003085551
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20031009
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.