PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:             12 January 2000  
	DOCKET NUMBER:     AR1999023471

	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.  

	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Irene N. Wheelwright 		Member	
	Mr. Luther L. Santiful		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, in effect, that his Army Commendation Medal be upgraded to the Bronze Star Medal.  He also requests correction of his military records to show award of the Meritorious Service Medal, two awards of the Meritorious Unit Commendation (correctly known as the Meritorious Unit Commendation with First Oak Leaf Cluster), the Vietnam Cross of Gallantry with Palm Unit Citation and the Vietnam Civil Actions Honor Medal First Class Unit Citation. 

3.  The applicant states, in effect, that he believes his citation for the Army Commendation Medal meets the criteria for award of the Bronze Star Medal.  He contends that the award of the Army Commendation Medal should be considered as an interim award and now it should be upgraded to award of the Bronze Star Medal.  He also contends that his letter of commendation satisfies the requirements for award of the Meritorious Service Medal.  He goes on to state that his unit was awarded two awards of the Meritorious Unit Commendation, the Vietnam Cross of Gallantry with Palm Unit Citation and the Vietnam Civil Actions Honor Medal First Class Unit Citation.  In support of his application, he submits a letter of explanation dated 19 February 1999; a copy of his DD Form 214 (Report of Transfer or Discharge); the citation for award of the Army Commendation Medal; a Letter of Commendation dated 18 November 1971; and a letter of explanation dated 10 September 1999 with the exhibits listed on page 1 of that letter.  (Analyst Note:  In the applicant’s letter of explanation, dated 10 September 1999, he states that he submitted additional information dated 22 July 1999 to the Board.  However, this information is not available to the Board).

4.  The applicant’s military records show that he enlisted on 8 April 1968 for a period of 4 years.  He served as a morse code interceptor specialist in Vietnam from 1 April 1969 to 31 March 1970 and was honorably discharged on
30 December 1971.

5.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Bronze Star Medal, the Meritorious Service Medal, any award of the Meritorious Unit Commendation, the Vietnam Cross of Gallantry with Palm Unit Citation or the Vietnam Civil Actions Honor Medal First Class Unit Citation as authorized awards. 
     
6.  The applicant provided a copy of Headquarters II Field Force Vietnam General Orders Number 599, dated 14 February 1970, which awarded him the Army Commendation Medal for meritorious service from March 1969 to March 1970.  This award is not shown on the applicant’s DD Form 214.  

7.  There is no evidence in the applicant’s personnel records that he was recommended for or awarded the Bronze Star Medal.  

8.  There is no evidence in the applicant’s personnel records that he was recommended for the Meritorious Service Medal.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit, to which the applicant was assigned, was cited for award of the Meritorious Unit Commendation for actions during the period 1 August 1968 to 30 September 1969 by Department of the Army General Orders Number 51, dated 1971.  The applicant’s unit was also cited for the Meritorious Unit Commendation for actions during the period 1 October 1969 to 31 December 1970 by Department of the Army General Orders Number
43, dated 1972.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the applicant is entitled to award of the Vietnam Cross of Gallantry with Palm Unit Citation based on Department of the Army General Order Number 6, dated 1974.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Order Number 6, dated 1974.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war 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.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  

13.  Army Regulation 600-8-22 provides, in pertinent part, that the Meritorious Service Medal is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service in a noncombat area.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  There are regulatory provisions for lost recommendations but not for late recommendations, reconsideration, nor for upgrading to a more prestigious award.  The regulation also provides that there is no automatic entitlement to an award upon departure either from an assignment or from the service.  Furthermore the Army discourages self-aggrandizement and precludes individuals from recommending themselves for awards.

14.  Army Regulation 600-8-22 provides, in paragraph 3-1c, that the decision to award an individual a decoration and the decision as to which award is appropriate are both subjective decisions made by the commander having award approval authority.

CONCLUSIONS:

1.  Orders show the applicant was awarded the Army Commendation Medal.  Therefore, he is entitled to correction of his military records to show this award.

2.  The Board noted the applicant’s contention that his citation for the Army Commendation Medal meets the criteria for award of the Bronze Star Medal.  However, in accordance with the governing regulation, the decision to award an individual a decoration and the decision as to which award is appropriate are both subjective decisions made by the commander having award approval authority.  There is no evidence available to the Board, and the applicant has provided no evidence, which shows the applicant was recommended for or awarded the Bronze Star Medal.  Additionally, the General Orders awarding the applicant the Army Commendation Medal are evidence of the award approval authority’s decision on the appropriate recognition for the applicant’s service in Vietnam.

3.  There is no compelling evidence showing that the award process in this case was flawed or was improper.  The applicant has not provided compelling evidence which shows that his service was so meritorious as to warrant a higher award than the Army Commendation Medal.  The evidence shows that the appropriate award authority determined the Army Commendation Medal was the proper award in this case, not an interim award.  Finally, the Board is not predisposed to overturn the decision of the commander, who was also the award approval authority, on the scene at the time in question.  Therefore, the Board has determined that there is no basis for upgrade of the applicant’s award of the Army Commendation Medal to the Bronze Star Medal.

4.  Notwithstanding the applicant’s contention that his letter of commendation satisfies the requirements for award of the Meritorious Service Medal, the Board noted that the Deputy Commander for Operations of the U.S. Army Security Agency Operations Center had the opportunity to recommend the applicant for award of the Meritorious Service Medal instead of tendering him a letter of commendation; however, he did not do so.  In the absence of a recommendation for award of the Meritorious Service Medal or orders awarding the Meritorious Service Medal to the applicant, there is no basis for award of the Meritorious Service Medal in this case.  Therefore, he is not entitled to correction of his military records to show this award. 

5.  The applicant’s unit was awarded two awards of the Meritorious Unit Commendation, the Vietnam Cross of Gallantry with Palm Unit Citation and the Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his military records to show these awards.  

6.  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 that the individual concerned was awarded the Army Commendation Medal, the Meritorious Unit Commendation with First Oak Leaf Cluster, the Vietnam Cross of Gallantry with Palm Unit Citation and the Vietnam Civil Actions Honor Medal First Class Unit Citation.

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

BOARD VOTE:  

JNS____  INW_____  LLS_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		John N. Slone_________
		        CHAIRPERSON

INDEX

CASE ID	AR1999023471	
SUFFIX		
RECON		
DATE BOARDED	20000112	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19711230	
DISCHARGE AUTHORITY	AR 635-200, Paragraph 5-33	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0020	
2.	107.0034	
3.	107.0094	
4.	107.0095	
5.		
6.