MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:         

	BOARD DATE:            9 November 1999
	DOCKET NUMBER:   AR1998013856

	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. Loren G. Harrell		Director	
	Mr. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Ms. Karen Y. Fletcher		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)

APPLICANT REQUESTS:  In effect, that he be awarded the Valorous Unit Award (VUA) and the Vietnam Civil Actions Medal (VCAM).

APPLICANT STATES:  In effect, that he requests reconsideration of a previous decision of this Board that he was not entitled to the VUA and the VCAM because his record did not indicate that he served with the 15th Medical Battalion as he claimed.  The applicant indicates that the time he spent with this unit should be on his DA Form 20 (Enlisted Qualification Record).  He also contends that he received nonjudicial punishment (NJP) from his platoon sergeant while he was on temporary duty with the 15th Medical Battalion (Bn) and his service with this unit is what qualifies him for the requested awards.  The applicant has enclosed morning reports which carry the name of the individual he claims was his platoon sergeant.  His claim is that he could not have received an Article 15 from a platoon sergeant in the 15th Medical Bn had he not served with the unit.  The applicant also contends that the denial of his VA claim listed incorrect Vietnam service dates and did not account for 4 months he was in Vietnam and that the burden of proof rests with the VA.  He also has enclosed his claim to the VA for a medical disability.  Finally, the applicant claims that he served 5 months with the 15th Medical Bn in Vietnam and only 4 months with the 758th Supply and Services Company which is the unit listed in his records.

EVIDENCE OF RECORD:  The applicant's military records show:

On 21 May 1968, the applicant was inducted into the Army for 2 years at the age of 19.  He successfully completed basic training at Fort Gordon, Georgia and advanced individual training (AIT) at Fort Lee, Virginia.  Upon completion of AIT the applicant was awarded military occupational specialty (MOS) 94B (Cook) and was assigned to Fort Bragg, North Carolina for his first permanent duty station where he arrived in November of 1968.  The applicant was reassigned to Vietnam and arrived there for duty in July 1969.  He served in Vietnam until April 1970 and returned to Oakland, California where he was released from active duty.  On 15 April 1970, the applicant was separated honorably, in the rank of specialist/E-4, after completing 1 year, 10 months, and 25 days of active military service.

The applicant arrived in Vietnam on 4 July 1969, for duty with the 3rd Maintenance Company.  His DA Form 20 shows that he remained with this unit only a short period of time and was then reassigned to the 758th Supply and Service Company where he served until his departure from Vietnam in May 1970.  There is no indication in the applicant’s qualification record that he served with any other unit while he was assigned in Vietnam.

A copy of a morning report from the 15th Medical Bn, dated 15 August 1969, indicates that the NCO referred to by the applicant as his platoon sergeant, was assigned to that unit effective that date.  There are no other records to indicate the period of time this NCO remained with that unit or that the applicant was associated with this unit at any time.

On 15 November 1969, the applicant accepted NJP under the provisions of Article 15 of the UCMJ, for being disrespectful to a senior noncommissioned officer (NCO) who was in the execution of his duties.  This NCO was the same one listed on the morning report referred to in the preceding paragraph.  This NJP was issued by the unit commander of the 758th Supply and Services Company and lists the applicant’s unit of assignment as the same.  Although the area where the offense took place is different from the location of the unit commander, there is no other evidence of record to indicate that the applicant was performing temporary duty with another unit at this time.

As previously stated in a decisional document rendered by this Board, Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) contains a unit list with the awards they earned and for what periods.  The units the applicant served in during his tenure in Vietnam did not earn either a VUA or the VCAM according to this register.

Army Regulation 670-1, Paragraph 28-6 (b) prescribes the policy for the individual wear of U.S. unit awards.  It states, in pertinent part, that a unit award is given to an operating unit and worn by members of that unit who participated in the cited action.  Some unit awards are also authorized for temporary wear by other personnel while actually serving in the cited unit.

The VA, processes disability claims in accordance with its own policies and regulations, and awards compensation solely on the basis that a medical condition exists and that said medical condition reduces or impairs the social or industrial adaptability of the individual concerned.  

In a Memorandum of Proceedings, issued by this Board on 4 September 1988, the applicant’s military records were corrected by changing the date of birth listed on his DD Form 214 (Certificate of Release or Discharge from Active Duty).  In addition, the Board corrected the record to show the applicant had earned the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  However, the Board found no basis for awarding the applicant either the VUC or the VCAM.

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:

1.  After carefully examining the evidence of record and the independent evidence submitted by the applicant, the Board found no basis for relief.  The record does not support the applicant’s contention that he served on temporary duty with a unit, not listed in his enlisted qualification record, that earned the VUA and the VCAM.

2.  The independent evidence submitted by the applicant does show that he was in an area co-located with the unit he claims he served in and that he had interaction with an NCO who at some point was assigned to that unit.  However, these facts alone do not serve as an evidentiary basis to conclude that the applicant was either assigned or attached to the unit in question.  In addition, there is no reference to either the unit in question of to a period of temporary duty served by the applicant anywhere in the applicant’s official military personnel file or in his enlisted qualification record.  Therefore, lacking sufficient evidence to the contrary, the Board must conclude that the applicant is not entitled to the requested awards.

3.  The applicant’s contention in reference to his VA claim is not within the purview of this Board.  The applicant’s Vietnam service is documented correctly in his official military personnel file and any incompatibility with the dates listed by the VA should be reconciled through them.

4.  In order to justify a 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 the aforementioned requirement.

5.  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.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__kf ____  ___rvo __  __cla____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998013856	
SUFFIX		
RECON	1988/09/04	
DATE BOARDED	1999/11/09	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.		
3.		
4.		
5.		
6.