PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           19 January 2000                   
	DOCKET NUMBER:   AR1999028805

	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. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. John P. Infante		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 DD Form 214 (Report of Transfer or Discharge) to show award of the Army Commendation Medal with “V” Device (First Oak Leaf Cluster) and any awards to which he may be entitled.

3.  The applicant states, in effect, that the Army Commendation Medal with “V” Device (First Oak Leaf Cluster) and other awards are not shown on his DD Form 214.  In support of his application, he submits an award certificate and orders for the Army Commendation Medal with “V” Device and an excerpt from a Unit History dated 20 July 1971, indicating the applicant’s unit was pending two awards of the Presidential Unit Citation. 

4.  The applicant’s military records show that he was inducted on 14 May 1968.  He served as a light weapons infantryman in Vietnam from 18 June 1969 to
11 April 1970 and was honorably discharged on 11 April 1970.

5.  The applicant’s DD Form 214 does not show the Army Commendation Medal with “V” Device (First Oak Leaf Cluster) as an authorized award.  The DD Form 214 does show the Army Commendation Medal.

6.  Headquarters 1st Infantry Brigade, 5th Infantry Division (Mech) General Orders Number 489, dated 18 April 1970, shows the applicant was awarded the Army Commendation Medal with “V” Device (First Oak Leaf Cluster) for heroism on
13 November 1969 in Vietnam.  

7.  DA Form 1577 (Authorization for Issuance of Awards), dated 11 June 1999, shows the Army Reserve Personnel Center in St. Louis, Missouri, determined the applicant was entitled to the Good Conduct Medal and the Valorous Unit Emblem.  These awards are not shown on the applicant’s DD Form 214.

8.  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 5, dated 1973.  This award is not shown on the applicant’s DD Form 214.

9.  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 (DAGO) Number 9, dated 1971, which amended DAGO 51, dated 1971.  This award is not shown on the applicant’s DD Form 214.

10.  The applicant provided an excerpt from Unit History, dated 20 July 1971, which shows “Task Force 1/61 [1st Battalion, 61st Infantry] has two Presidential Unit Citations yet pending at DA [Department of the Army] at this time.”  However, Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) does not show the applicant’s unit received any Presidential Unit Citations during his assignment in Vietnam. 

11.  Review of the applicant’s records and Army Regulation 600-8-22 (Military Awards) does not reveal entitlement to any additional awards.

CONCLUSIONS:

1.  Evidence of record shows the applicant was awarded the Army Commendation Medal with “V” Device (First Oak Leaf Cluster) after his separation from the Army.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  The applicant was awarded the Good Conduct Medal and the Valorous Unit Emblem.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  Evidence of record shows the applicant’s unit received 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 DD Form 214 to show these awards.

4.  The Board noted the unit history indicating the applicant’s unit was recommended for two awards of the Presidential Unit Citation.  However, there is no evidence that these awards were approved or authorized.  Therefore, the applicant is not entitled to any awards of the Presidential Unit Citation.

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:  

a.  by deleting the entry “ARCOM” in 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 adding the entries “Army Commendation Medal with “V” Device (First Oak Leaf Cluster)”, “Good Conduct Medal”, “Valorous Unit Emblem”, “Vietnam Cross of Gallantry with Palm Unit Citation” and “Vietnam Civil Actions Honor Medal First Class Unit Citation” in item 24 (Decorations, Medals, Badges,  
Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214.

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

BOARD VOTE:  

RVO_____  CLG_____  JPI____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR1999028805	
SUFFIX		
RECON		
DATE BOARDED	20000119	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19700411	
DISCHARGE AUTHORITY	AR 635-200 Chapter 5 Section VII  	
DISCHARGE REASON	Overseas Returnee	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0020	
2.		
3.		
4.		
5.		
6.