MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            21 July 1999      
	DOCKET NUMBER:   AR1999015519

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Curtis W. Barbee		Chairperson	
	Mr. James M. Alward		Member	
	Mr. Robert G. Hinkle		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, correction of his DD Form 214 (Report of Transfer or Discharge) with an effective date of 2 March 1972 to show award of the Army Commendation Medal with "V" Device, his actual dates of foreign service, Vietnam awards/decorations and military occupational specialty (MOS) 11B (infantry).  He also requests that his unit activities be recorded on DA Form 20 (Enlisted Qualification Record).     

APPLICANT STATES:  In effect, that he spent one year in Vietnam and his
DD Form 214 does not show any foreign service or awards/decorations.  He contends that MOS 11B should be shown on his DD Form 214 and that his
DA Form 20 does not show any unit activities.  In support of his application, he submits an annotated DD Form 214 and a copy of his DA Form 20.

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

The applicant was inducted into the Army of the United States on 21 March 1968 and honorably discharged on 26 March 1968 to enlist in the Regular Army.  He enlisted on 27 March 1968 for a period of 3 years.  He served in Vietnam from
27 August 1968 to 28 August 1969 and was honorably discharged on 3 March 1972.  He served 2 years, 9 months and 28 days of total active service with 
411 days lost due to AWOL and confinement.  Records show he was separated from the service on temporary records.

A DD Form 215 (Correction to DD Form 214) was issued on 3 December 1985 amending the applicant’s DD Form 214 with an effective date of 3 March 1972 to show 1 year and 2 days in item 22c (Foreign and/or Sea Service) and award of the Vietnam Campaign Ribbon with Device (1960), the Vietnam Service Medal with four bronze service stars, the Meritorious Unit Emblem with one Oak Leaf Cluster, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, the applicant’s request to have his DD Form 214 corrected to show his foreign service and Vietnam awards/decorations will not be discussed further in the proceedings.

The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Army Commendation Medal with “V” Device as an authorized award.  Item 23a (Specialty Number & Title) on the DD Form 214 does not reflect MOS 11B.

There is no evidence in the applicant’s personnel records which shows he was considered or recommended for the Army Commendation Medal with “V” Device.

The applicant’s available records fail to show that he was awarded or served in MOS 11B.  Item 23a (Specialty Number & Title) of the applicant’s DD Form 214, which was authenticated in his own hand, shows “76Y40” [unit supply specialist]. 

Army Regulation 600-8-22 (Military Awards) 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.  The bronze “V” device indicates acts of heroism involving conflict with an armed enemy.

Army Regulation 635-5 established the standardized policy for preparing and distributing the DD Form 214.  In pertinent part it states that the primary MOS or Area of Concentration (AOC) and all additional MOS/AOC served for a period of one year or more, during soldier’s continuous active military service will be entered in item 23a (Specialty Number & Title).

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.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for or awarded the Army Commendation Medal with “V” Device.  Therefore, he is not entitled to this award.

2.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was awarded or served in MOS 11B. Therefore, he is not entitled to correction of his DD Form 214 to show this MOS.

3.  The Board noted the applicant’s request to have his DA Form 20 corrected to show unit activities.  However, his records are incomplete and there is no basis for reconstructing many of the entries on this form. 

4.  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 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

CWB____  JMA____  RGH____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999015519	
SUFFIX		
RECON		
DATE BOARDED	19990721	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19720303	
DISCHARGE AUTHORITY	AR 635-200 Para 5-3	
DISCHARGE REASON	Separation for other good and sufficient reason when determined by secretarial authority.	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0020	
2.	100.0000	
3.	107.0000	
4.	100.0500	
5.		
6.