IN THE CASE OF:	  

		BOARD DATE:	       23 JULY 2009

		DOCKET NUMBER:  AR20090004933 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reconsideration of his earlier request to correct his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Commendation Medal.

2.  The applicant states, in effect, that he was awarded the Army Commendation Medal.

3.  The applicant provides a copy of a certificate, dated 12 June 1968, that shows he was awarded the Army Commendation Medal.

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 Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080017871, on 10 February 2009.

2.  The applicant submitted a copy of a certificate, dated 12 June 1968, that shows he was awarded the Army Commendation Medal, which was not previously reviewed by the ABCMR; therefore, it is considered new evidence and as such warrants consideration by the Board.



3.  The applicant's records show he was inducted into the Army of the United States on 23 September 1966.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 61B (Water Craft Operator).  He was honorably separated in the rank/grade of specialist five/E-5, on 20 September 1966, and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his Reserve obligation.

4.  The applicant's records further show he served in the Republic of Vietnam from on or about 24 April 1967 to 14 April 1968.  He was assigned to the 1099th Transportation Company (Medium Boat).

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Bronze Star Medal with "V" Device, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Item 24 does not show award of the Army Commendation Medal.  

6.  The applicant's records do not contain a recommendation and/or orders for award of the Army Commendation Medal.

7.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show award of the Army Commendation Medal.

8.  During the processing of this case, a member of the Board’s staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any Army Commendation Medal orders on file for the applicant.  

9.  The applicant submitted a copy of a certificate, dated 12 June 1968, that shows he was awarded the Army Commendation Medal for meritorious service from April 1967 to April 1968 in the Republic of Vietnam. 

10.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Army Commendation Medal.

2.  The applicant's service in the Republic of Vietnam and his sacrifices to the Nation are not in question.  However, the original ABCMR decision advised the applicant that "there are no orders, certificate, or any other evidence available which indicates he was awarded the Army Commendation Medal."  Accordingly and in response to the original decision, the applicant provides a copy of a certificate that shows award of the Army Commendation Medal as sufficient evidence to correct his DD Form 214.

3.  Nevertheless, while the applicant's sincerity is also not in question, there is still insufficient evidence available to correct the applicant’s DD Form 214 to show award of the Army Commendation Medal.  Army Regulation 600-8-22 states that for personal decorations, formal recommendation, approval through the chain of command, and announcement of orders are required.  Regretfully, in the absence of the formal recommendation, approval, and orders, there is insufficient evidence to grant the applicant relief in this case based solely on the certificate he submitted.

4.  The Board regrets the wording used in the conclusions of the original case which led the applicant to believe his submission of an award certificate was sufficient to prove entitlement to the award.  However, this does not change the fact that personal decorations, including the Army Commendation Medal, requires a formal recommendation, approval through the chain of command and announcement of orders. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  ____X____  ____X____  DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20080017871, dated 10 February 2009.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _   _XXX______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20090004933



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ABCMR Record of Proceedings (cont)                                         AR20090004933



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