PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            1 July 1999    
	DOCKET NUMBER:   AR1999022297

	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. Loren G. Harrell		Director	
	Mr. Kenneth Aucock		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. Fred K. McCoy		Member	
	Mr. Stanley Kelley		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that he be awarded the Army Commendation Medal, the Presidential Unit Citation, and a First Logistical Command certificate.  

3.  The applicant states that a fellow soldier received the aforementioned awards; however, because he returned to the United States a few weeks before that soldier, he never received those awards.

4.  The applicant’s military records show that he enlisted in the Army for three years on 5 July 1967, completed training and was assigned to a Quartermaster Battalion in Germany.  He received nonjudicial punishment under Article 15, UCMJ, on two occasions in Germany, once for insubordination and failure to obey a lawful order, and once for failure to obey a lawful regulation.  

5.   In February 1969 he was assigned to the 63d Transportation Company in Vietnam and was with that unit when it was awarded the Meritorious Unit Commendation.  His subsequent assignments were with the 630th Transportation Company, where he was arraigned, tried, and pled guilty before a special court-martial for disobeying a lawful order; and the 805th Transportation Company.  He participated in four campaigns during his tour in Vietnam, and returned to the United States in February 1970.     

6.  The applicant was released from active duty at Fort Lewis, Washington on      9 February 1970.  He had 2 years, 7 months, and 2 days of service, and 3 days of lost time.  Neither his DD Form 214 or his DA Form 20 (Enlisted Qualification Record) show award of the Army Commendation Medal or the Presidential Unit Citation.  His records contain no recommendation for the Army Commendation Medal, and the units that he served with in Vietnam were not awarded the Presidential Unit Citation.  

7.  Army Regulation 600-8-2 prescribes Army policy, criteria, and administrative instructions concerning military awards. That regulation provides, in pertinent part, that the Army Commendation Medal is awarded for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

8.  The certificate that the applicant submits with his application showing that a fellow soldier was awarded membership in the association of the First Logistical Command, is not a military award or citation, but a local certificate prepared by that particular command.    

CONCLUSIONS:

1.  The applicant was neither awarded nor recommended for award of the Army Commendation Medal.  That medal is not awarded solely because the applicant was a member of the same unit in which other soldiers of that unit received the award.   The commander concerned is responsible for recommending a soldier for an award; and the appropriate commander for approving that recommendation.  The applicant is not entitled to award of the Army Commendation Medal.

2.  The applicant was not assigned to a unit which was awarded the Presidential Unit Citation.  He is not entitled to that award.

3.  The Association of the First Logistical Command certificate is an apparent local certificate provided to soldiers who belonged to that command.  It is not awarded by Department of the Army.

4.  The applicant is entitled to award of the Meritorious Unit Commendation.  He served in four campaigns in Vietnam, and his DD Form 214 should show that he was awarded the Vietnam Service Medal with four bronze service stars, one for each campaign.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Meritorious Unit Commendation and the Vietnam Service Medal with four bronze service stars.  

2.  That so much of the application as is in excess of the foregoing be denied. 

BOARD VOTE:  

___jhl__  ___fkm__  __sk____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999022297	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990701 	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1. 107.00		
2.		
3.		
4.		
5.		
6.