Search Decisions

Decision Text

ARMY | BCMR | CY2012 | 20120007970
Original file (20120007970.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  20 September 2012

		DOCKET NUMBER:  AR20120007970 


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 the Army Achievement Medal (AAM) with Oak Leaf Cluster and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

2.  The applicant states:

	a.  his DD Form 214 is still not updated correctly in accordance with the Army Board for Correction of Military Records (ABCMR) decision in Docket Number AR20100024384, dated 5 May 2011.  According to the ABCMR letter, the AAM with Oak Leaf Cluster is shown in item 21 (Awards and Decorations) of his DA Form 66 (Officer Qualification Record) but this award is missing on his DD Form 214.   

	b.  the ABCMR decision in Docket Number AR20100024384 states the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation was to be added to item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 but it wasn't.

3.  The applicant provides:

* ABCMR proceedings
* DD Form 214
* DD Form 215 (Correction to DD Form 214), dated 9 August 2011

CONSIDERATION OF EVIDENCE:

1.  On 5 May 2011, the ABCMR granted partial relief and recommended the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation be added to item 24 of his DD Form 214.  

2.  He provided a DD Form 215, dated 9 August 2011, which does not show the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation was added to item 24 of his DD Form 214.

3.  The ABCMR proceedings also state, in pertinent part, the "Army Achievement Medal with Oak Leaf Cluster" is shown in item 21 of his DA Form 66.  

4.  The applicant was ordered to active duty from the U.S. Army Reserve on 
7 November 1964.  He served in Vietnam from 20 October 1968 to 15 October 1969.  On 5 June 1970, he was released from active duty. 

5.  His DD Form 214 does not show the AAM as an authorized award.  It does show, among other awards, the Air Medal with First Oak Leaf Cluster and the “ACM (1st OLC)” (i.e., the Army Commendation Medal, First Oak Leaf Cluster) as authorized awards. 

6.  Item 21 of his DA Form 66 shows the "AM" (Air Medal) with First Oak Leaf Cluster as an authorized award.  The AAM is not shown in this item.  

7.  There are no orders for the AAM in the available records.

8.  Army Regulation 600-8-22 (Military Awards) states the Army Achievement Medal is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  ABCMR Docket Number AR20100024384 states the AAM with Oak Leaf Cluster is shown in item 21 of his DA Form 66.  However, that entry in the Record of Proceedings was an administrative error.  Item 21 of his DA Form 66 
does not show the AAM with Oak Leaf Cluster as an authorized award.  It shows the Air Medal with First Oak Leaf Cluster and the Army Commendation Medal with First Oak Leaf Cluster which are properly shown on his DD Form 214.  Since he was not in an active status on 1 August 1981, he is not eligible for the AAM.  Therefore, there is no basis for granting his request to add the AAM with Oak Leaf Cluster to his DD Form 214.

2.  The Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation was erroneously not added to his DD Form 214.

3.  Evidence shows his records contain an administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Army Review Boards Agency (ARBA) Case Management Division (CMD) as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

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 for correction of the records of the individual concerned.

2.  The Board determined that an administrative error in the records of the individual concerned should be corrected.  Therefore, the Board requests that the ARBA CMD administratively correct the records of the individual concerned by adding the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to item 24 of his DD Form 214.



      _______ _   _X______   ___
               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)                                         AR20120007970





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120007970



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2010 | 20100007968

    Original file (20100007968.txt) Auto-classification: Approved

    Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his service with his two units in Vietnam: a. the 2nd Battalion, 9th Artillery, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 September 1968 to 28 July 1969 based on Department of the Army General Orders (DAGO) Number 3, dated 1970, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1...

  • ARMY | BCMR | CY2003 | 2003090748C070212

    Original file (2003090748C070212.rtf) Auto-classification: Approved

    The applicant's DD Form 214, in Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) shows that he was awarded the following awards: Parachute Badge; the Marksman Marksmanship Qualification Badge, with Automatic Rifle Bar [M-16 Rifle]; the Good Conduct Medal (3rd Award); the National Defense Service Medal; the Vietnam Service Medal; the Vietnam Gallantry Cross, with Palm Unit Citation; the Army Commendation Medal, with one oak...

  • ARMY | BCMR | CY2014 | 20140005273

    Original file (20140005273.txt) Auto-classification: Approved

    The applicant, the widow of a deceased former service member (FSM), requests correction of the FSM's DD Form 214 (Report of Separation from Active Duty) to show award of the Meritorious Service Medal, Army Commendation Medal with 4th Oak Leaf Cluster, and all unit awards he is authorized. Headquarters, U.S. Army Military District of Washington, General Orders Number 175, dated 25 November 1970, awarded him the Army Commendation Medal with 4th Oak Leaf Cluster for meritorious achievement...

  • ARMY | BCMR | CY2008 | 20080014675

    Original file (20080014675.txt) Auto-classification: Approved

    THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant's records show that he was awarded the Vietnam Service Medal. His commander states that the only explanation for the applicant not receiving the Purple Heart was because within 10 days of the action the applicant rotated back to the United States.

  • ARMY | BCMR | CY2013 | 20130022288

    Original file (20130022288.txt) Auto-classification: Approved

    The applicant provides: * FSM's orders for the Silver Star * FSM's DD Form 214 * FSM's death certificate * court order, dated 15 December 2008 CONSIDERATION OF EVIDENCE: 1. The FSM served in Korea from 30 June 1952 through 2 June 1953; he participated in three campaigns during his service in Korea. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting award of the Korean Service Medal and Vietnam Service Medal...

  • ARMY | BCMR | CY2009 | 20090011712

    Original file (20090011712.txt) Auto-classification: Approved

    This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. Records show that the applicant participated in seven campaign periods during his service in the Republic of Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 13 of his DD Form 214 the Vietnam Service Medal and Republic of Vietnam Civil Actions...

  • ARMY | BCMR | CY2010 | 20100024384

    Original file (20100024384.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart with Oak Leaf Cluster, Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation (2nd Award), RVN Civil Actions Honor First Class Unit Citation, Meritorious Unit Commendation, and RVN Gallantry Cross with Silver Star. The applicant provides his DD Form 214, effective 5 June 1970; DD Form 215 (Correction to DD Form 214), dated 2...

  • ARMY | BCMR | CY2013 | 20130002408

    Original file (20130002408.txt) Auto-classification: Approved

    Headquarters, 25th Infantry Division (Light), published the following GO: * GO Number 926, dated 24 January 1970, awarding him the Bronze Star Medal for meritorious service from March 1969 to March 1970 * GO Number 3062, dated 17 March 1970, awarding him the Bronze Star Medal with 1st Oak Leaf Cluster for meritorious achievement from 28 January 1970 to 4 March 1970 4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his...

  • ARMY | BCMR | CY2011 | 20110024779

    Original file (20110024779.txt) Auto-classification: Approved

    The applicant states his medical records clearly reflect he was wounded by enemy action on at least two separate dates, 16 May 1969 and 20 August 1969, while serving in the Republic of Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 as follows: a. Delete the: * Vietnam Service Medal * Army Commendation Medal * Bronze Star Medal with Third Oak Leaf Cluster * Republic of Vietnam Gallantry...

  • ARMY | BCMR | CY2009 | 20090014151

    Original file (20090014151.txt) Auto-classification: Approved

    Block 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Medals Awarded or Authorized) of his DD Form 214 lists his awards as the National Defense Service Medal, Army Good Conduct Medal (1st Award), Vietnam Service Medal, RVN Campaign Medal with Device (1960), one overseas service bar, and the Expert Marksmanship Qualification Badge with Rifle Bar (M14). Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 1st Administration Company...