PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                5 January 2000
	DOCKET NUMBER:       AR1999023361

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Erin J. Olmes		Chairperson	
	Mr. John D. Miller 		Member	
	Mr. James M. Alward		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 correction of his records to show the “Army Meritorious Unit Award”.

3.  The applicant states that this award was not given to the Americal Division until after his discharge.  In support of his application, the applicant provided a copy of page 96 from the Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register).

4.  The applicant’s military records show that he was inducted on 21 October 1968 and completed training as a military policeman.  He served in Vietnam from 27 October 1969 to 12 October 1970 and was honorably discharged on 12 October 1970.  

5.  The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the “Army Meritorious Unit Award” as an authorized award.

6.  Page 96 from the Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the entry “23d Infantry Division” (also known as the Americal Division).  Under this entry, the Meritorious Unit Commendation is awarded for the periods 1 September 1967 to 31 October 1968 and 1 November 1968 to 30 June 1970 based on the General Orders cited.  The page provided by the applicant does not show the “Army Meritorious Unit Award”.

7.  Review of Department of the Army Pamphlet 672-3 shows that page 96 provided by the applicant is a continuation of an entry from page 95.  In fact, the awards of the Meritorious Unit Commendation cited under the 23d Infantry Division pertained to the United States Army Special Security Group which supported the Headquarters of the 23d Infantry Division.

8.  Review of page 26 of Department of the Army Pamphlet 672-3 shows the unit awards for the 23d Military Police Company which was the applicant’s unit of assignment in Vietnam.  This cite shows that the 23d Military Police Company received the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the periods 24 August 1969 to 31 December 1969 and 31 March to 30 June 1970 based on Department of the Army General Orders Number 42, dated 1972 and for the period 1 April 1971 to 30 June 197I based on Department of the Army General Orders Number 6, dated 1974.  The second Platoon of the 23d Military Police Company was cited for the Valorous Unit Award for actions from 11 August to 31 August 1969, but these dates are prior to the applicant’s arrival in Vietnam.  The Vietnam Gallantry Cross with Palm Unit Citation is not shown on the applicant’s discharge document.

9.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in pertinent part, states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited.

CONCLUSIONS:

1.  There is no evidence that the unit to which the applicant was assigned in Vietnam was awarded the “Army Meritorious Unit Award”.  Therefore, the applicant is not entitled to correction of his records to show the “Army Meritorious Unit Award”.

2.  The applicant was assigned to the 23d Military Police Company when it was cited for award of the Vietnam Cross of Gallantry with Palm Unit Citation; therefore, he is entitled to permanent wear of this unit award and correction of his records to show the Vietnam Cross of Gallantry with Palm Unit Citation.

3.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Vietnam Cross of Gallantry with Palm Unit Citation.

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

BOARD VOTE:  

EJO____  JDM_____  JMA____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Erin J. Olmes_________
		        CHAIRPERSON

INDEX

CASE ID	AR1999023361	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000105	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19701012	
DISCHARGE AUTHORITY	AR 635-200. . . . .  	
DISCHARGE REASON	OVERSEAS RETURNEE	
BOARD DECISION	GRANT	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.