MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            10 February 2000
	DOCKET NUMBER:    AR1999028990

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Van B. Cunningham		Chairperson	
	Mr. James P. Steuve		Member	
	Mr. Kenneth L. Wright		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  In effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 31 October 1985 be corrected to show that he was awarded the Army Commendation Medal with
“V” Device.

APPLICANT STATES:  In effect, he was involved in a firefight with Vietcong while on combat operations in the Mekong Delta.  He also states that he was informed by his first sergeant and company commander that he would be recommended for the award of the Army Commendation Medal with “V” Device; however, he never received it.

EVIDENCE OF RECORD:  The applicant's military records show he entered active duty on 2 August 1961 and continued to serve through a series of continuous reenlistments until he was placed on the United States Retired List effective 1 November 1985 in the pay grade of SFC/E7.  

The applicant’s DD Form 214 with an effective date of 31 October 1985 does not show the Army Commendation Medal with “V” Device.

There is no evidence in the applicant’s personnel records which shows he was recommended for or awarded the Army Commendation Medal with “V” Device.

Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

The bronze “V” device indicates acts of heroism involving conflict with an armed enemy.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The Board noted the applicant’s contentions that he was involved in a firefight with Vietcong on combat operations in the Mekong Delta and informed by his first sergeant and company commander that he would be recommended for the award of the Army Commendation Medal with “V” Device.  However, there is no evidence available to the Board, and the applicant has provided no evidence, which shows he was recommended for or awarded the Army Commendation Medal with “V” Device.  Therefore, he is not entitled to correction of his DD Form 214 with an effective date of 31 October 1995 to show this award.

2.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

VBC____  JPS_____  KLW_____  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999028990	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000210x	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19851031	
DISCHARGE AUTHORITY	AR 1999028990	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  66		
2.		
3.		
4.		
5.		
6.