PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            24 May 2000
	DOCKET NUMBER:   AR2000036330

	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. Carl W. S. Chun		Director	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Mark D. Manning		Member	
	Ms. Meta Waller		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 that the Army Commendation Medal (ARCOM)  be included on his Report of Transfer or Discharge (DD Form 214).

3.  The applicant states that he was awarded the ARCOM however; it was never included on his DD Form 214.  In support of his appeal he submits a copy of a newspaper clipping dated 23 January 1968, a copy of the Correction of DD Form 214 (DD Form 215), a copy of a Daily Staff Journal or Duty Officer’s Log dated 5 January 1968 and a copy of the citation dated 24 August 1968, awarding him the ARCOM.

4.  The applicant’s military records show that on 27 September 1965 he enlisted in the Army for 3 years in the pay grade of E-1.  He successfully completed his training as a military policeman.  Upon completion of his training he was transferred to Fort Benning, Georgia.  On 21 November 1966 he was transferred to the Republic of Vietnam.

5.  His DD Form 214 shows that he was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Ribbon, the Vietnam Service Medal and an Overseas Service Bar.

6.  On 4 March 1974, the Army Reserve Personnel Center reviewed the applicant’s Official Military Personnel File and issued him a DD Form 215 that shows that he was also awarded the Distinguished Flying Cross, the Purple Heart, the Air Medal w/Numeral 1 and “V” Device, the Aircraft Crewman Badge and the Sharpshooter Marksman Badge w/Pistol Bar.

7.  Although the available record fails to show that orders were never published awarding the applicant the ARCOM, the available record does show that on 24 August 1968, he was awarded the ARCOM for heroism in the Republic of Vietnam on 5 January 1968.

8.  The applicant remained in Vietnam until he returned to the Continental United States and was honorably discharged on 5 July 1968.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the primary requirement for award of a decoration is that a formal recommendation be prepared and introduced into official military channels within 2 years of the act, achievement, or service to be recognized.  The sole exception to the 2-year time limit occurs when there is conclusive evidence that a formal recommendation was submitted but was lost, or through inadvertence was never acted on by proper authority.

CONCLUSIONS:

1.  The applicant has submitted sufficient documentation to substantiate his contention that he was awarded the ARCOM for heroism while he was in the Republic of Vietnam.

2.  The documentation shows that he was awarded the ARCOM on 24 August 1968, subsequent to his discharge on 5 July 1968.  Therefore, it is reasonable for this Board to presume that the actual orders awarding him the ARCOM were inadvertently misplaced.

3.  Accordingly, it would be appropriate to correct his records to show that he was awarded the ARCOM.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

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 w/”V” Device on 24 August 1968 for heroism while he was in the Republic of Vietnam on 5 January 1968.

BOARD VOTE:  

__mdm__  ____js __  __mw ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______John N. Slone______
		        CHAIRPERSON

INDEX

CASE ID	AR2000036330	
SUFFIX		
RECON		
DATE BOARDED	2000/05/24	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1968/07/05	
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  66	107.0020	
3.		
4.		
5.		
6.