PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            2 September 1999 
	DOCKET NUMBER:   AR1999024573

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Thomas N. Kuhn		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, in effect, correction of his DD Form 214 (Report of Transfer or Discharge) to show three awards of the Air Medal (correctly known as the Air Medal with Numeral 3, four awards of the Bronze Star Medal (correctly known as the Bronze Star Medal with three Oak Leaf Clusters) and five awards of the Army Commendation Medal (correctly known as the Army Commendation Medal with four Oak Leaf Clusters). 

3.  The applicant states that he never received all of his military awards.  He contends that he risked his life for his country in Vietnam and requests that he be awarded the credit due to him.  In support of his application he submits a letter of explanation and a copy of his DD Form 214.  

4.  The applicant’s military records show that he enlisted on 20 September 1968 for a period of 2 years.  He served as a light weapons infantryman in Vietnam from 7 March 1969 through 17 February 1970 and was honorably discharged on 29 September 1970.

5.  The applicant’s DD Form 214, which was authenticated in his own hand, shows the “Air Medal w/1 Oak Leaf Cluster” (now currently known as the Air Medal with Numeral 2), one award of the Bronze Star Medal with “V” Device and the Army Commendation Medal w/1 Oak Leaf Cluster &”V” Device.  

6.  The applicant’s personnel records show he was awarded two Air Medals for the periods covering 2 March 1969 to 2 May 1969 and 10 June 1969 to
26 August 1969.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 (Enlisted Qualification Record), which was authenticated in his own hand on
9 April 1970, shows two awards of the Air Medal.  The applicant’s records fail to show that he was recommended for or awarded any other Air Medals.

7.  The applicant’s personnel records show he was awarded the Bronze Star Medal with “V” Device.  Item 41 of the applicant’s DA Form 20 shows one award of the Bronze Star Medal with “V” Device.  There is no evidence in the applicant’s records he was recommended for or awarded any other Bronze Star Medals.

8.  Headquarters 9th Infantry Division General Orders Number 8710, dated 6 July 1969, shows the applicant was awarded the Army Commendation Medal for outstanding achievement for the period March 1969 to June 1969.

9.  Headquarters 9th Infantry Division General Orders Number 5950, dated
24 May 1969, shows the applicant was awarded the Army Commendation Medal with “V” Device for heroic actions on 6 May 1969. 

10.  The applicant’s records contain a citation for award of the Army Commendation Medal (Second Award) for meritorious service during the period 10 June 1969 to 26 August 1969.
11.  Headquarters II Field Force Vietnam General Orders Number 918, dated
7 March 1970, shows the applicant was awarded the Army Commendation Medal (Third Oak Leaf cluster) for meritorious achievement during 1 July 1969 to 
31 January 1970. 

12.  Headquarters II Field Force Vietnam General Orders Number 2960, dated 21 October 1969, shows the applicant was awarded the Army Commendation Medal with “V” Device (2d Oak Leaf Cluster) for heroic actions on 15 September 1969.  The Board notes that this is the applicant’s fifth award of the Army Commendation Medal, not his third as shown on the orders.  Therefore, the Board determines that the entry “2d Oak Leaf Cluster” was an administrative error and should have shown “4th Oak Leaf Cluster”. 

13.  Headquarters 9th Infantry Division Special Orders Number 126, dated 6 May 1969, shows the applicant was awarded the Combat Infantryman Badge.  

14.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards. The numeral 2 denotes the second award.

15.  Army Regulation 600-8-22 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.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

CONCLUSIONS:

1.  Notwithstanding the applicant’s contention that he received three Air Medals; there is no evidence available to the Board, and the applicant has provided no evidence, which supports this contention.  His DD Form 214 shows two awards of the Air Medal and the evidence of record shows he received two Air Medals.  Therefore, his DD Form 214 is correct as currently constituted in regards to awards of the Air Medal. 

2.  The Board noted the applicant’s contention that he received four Bronze Star Medals, not three.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which supports this contention.  The evidence of record shows the applicant received one award of the Bronze Star Medal with “V” Device and his DD Form 214 shows one award of the Bronze Star Medal with “V” Device.  Therefore, his DD Form 214 is correct as currently constituted in regards to awards of the Bronze Star Medal with “V” Device.

3.  Evidence of record shows the applicant received three awards of the Army Commendation Medal and two awards of the Army Commendation Medal with “V” Device, a total of five awards.  Therefore, he is entitled to correction of his DD Form 214 to show the Army Commendation Medal with four Oak Leaf Clusters and with “V” Device.

4.  The applicant was awarded the Combat Infantryman Badge; therefore, he is entitled to correction of his DD Form 214 to show this award.

5.  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: 
	
	a.  by deleting the entry “Army Commendation Medal w/1 Oak Leaf Cluster & “V” Device” from item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons awarded or Authorized) of the DD Form 214 of the individual concerned; and

	b.  by showing that the individual concerned was awarded the Army Commendation Medal with four Oak Leaf Clusters and with “V” Device; and 

	c.  by showing he was awarded the Combat Infantryman Badge.

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

BOARD VOTE:  

MKP____  TNK_____  JMA____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Margaret K. Patterson_
		        CHAIRPERSON

INDEX

CASE ID	AR1999024573	
SUFFIX		
RECON		
DATE BOARDED	19990902	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19700929	
DISCHARGE AUTHORITY	AR 635-200 chapter 2	
DISCHARGE REASON	Expiration Term of Service	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0018	
2.	107.0014	
3.	107.0020	
4.		
5.		
6.