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ARMY | BCMR | CY2006 | 20060013775
Original file (20060013775.txt) Auto-classification: Approved


RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  31 May 2007
	DOCKET NUMBER:  AR20060013775 


	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. Gerard W. Schwartz

Acting Director

Ms. Joyce A. Wright

Analyst


The following members, a quorum, were present:


Mr. William F. Crain

Chairperson

Mr. Donald L. Lewy

Member

Mr. Roland S. Venable

Member

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, through his counsel, reconsideration of his earlier request to the Army Board for Correction of Military Records (ABCMR) that the already-awarded Army Commendation Medal and his two certificates of appreciation be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, that his request, which was denied by the Board on 6 July 2006, should be reconsidered. 

3.  The applicant provides a copy of his award certificate and award citation for the Army Commendation Medal and two certificates of appreciation in support of his request. 

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20050016251 on 6 July 2006.

2.  The Board concluded, in his earlier case, that there was no evidence in the applicant's record to show that he was awarded the Army Commendation Medal or a Certificate of Appreciation and denied that portion of his request. 

3.  The award certificate and citation for the Army Commendation Medal and two certificates of appreciation submitted with the request for reconsideration, is new evidence which was not previously reviewed by the Board.  It is new evidence; therefore, the Board must consider it.

4.  The applicant provided a copy of an award certificate and citation which shows that he was awarded the Army Commendation Medal, for exceptional meritorious achievement, in the Republic of Vietnam, during the period 1 February 1970 to 30 June 1970, on 11 August 1970.

5.  The Army Commendation Medal awards certificate, which the applicant submitted, bears the signature of Major General John J. Hennessey, who served as the 101st Airborne Division (Airmobile) commander, for the period 25 May 1970 through 1 February 1971.  This information was abstracted from the Center for Military History website.

6.  The applicant provides two certificates of appreciation which he was awarded while serving on active duty.

7.  Army Regulation 635-5 governs the preparation of the DD Form 214.  It states, in pertinent part, that item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), of the DD Form 214, will reflect decorations, medals, badges, commendations, citations, and campaign ribbons awarded or authorized for all periods of service.  Certificates of achievement, letters of appreciation, and similar documents are not recorded on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  Despite the lack of appropriate general orders, the evidence of record shows that the applicant was awarded the Army Commendation Medal, for exceptional meritorious achievement, in the Republic of Vietnam, during the period 1 February 1970 to 30 June 1970, on 11 August 1070.  He is therefore eligible to have his already-awarded Army Commendation Medal added to his DD Form 214.

2.  The evidence of record shows that the applicant was awarded two certificates of appreciation while serving on active duty.  However, in accordance with the governing regulation, certificates of appreciation are not recorded on the DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___RSV _  __DLL___  __WFC _  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a partial amendment of the ABCMR’s decision in Docket Number AR20050016251, dated 6 July 2006.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding his already-awarded Army Commendation Medal to his DD Form 214.
2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to addition of two certificates of appreciation on his DD Form 214.




____William F. Crain_______
          CHAIRPERSON




INDEX

CASE ID
AR20060013775
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070531
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19710328
DISCHARGE AUTHORITY
AR635-200
DISCHARGE REASON

BOARD DECISION
GRANT/DENY
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.



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