PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           31 October 2000   
	DOCKET NUMBER:   AR2000043743

	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. Wanda L. Waller 		Analyst	

  The following members, a quorum, were present:

	Mr. Elzey J. Arledge		Chairperson	
	Mr. Allen L. Raub		Member	
	Ms. Brenda F. Hirschi		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 award of the Army Commendation Medal.  He also requests that this Army Commendation Medal be upgraded to the Bronze Star Medal. 

3.  The applicant states, in effect, that he was recommended for award of the Army Commendation Medal and that the recommendation has the wrong Social Security Number on it.  He contends that the recommendation never made it to his commander for consideration due to the confusion in disbanding of the 
595th Signal Company in Vietnam.  He goes on to state that he believes his record in Vietnam warrants the issuance of the Army Commendation Medal.  Further, if his request is granted, that the Army Commendation Medal be upgraded to the Bronze Star Medal because he met the requirements of that award due to his service and devotion to duty while in Vietnam.  He also states that he believes that his general discharge and the fact that he was AWOL after his service in Vietnam should not have a negative outcome on this matter.  In support of his application, he submits an undated letter of explanation; a copy of a Recommendation of Army Commendation Award dated 23 February 1971; a copy of his DD form 214 (Report of Transfer or Discharge); VA documentation dated 8 January 1998 and 5 January 1998; a copy of his DA Form 20 (Enlisted Qualification Record) and a copy of the applicant’s unit commander’s recommendation to approve his request for Discharge for the Good of the Service dated 18 April 1972.   

4.  The applicant’s military records show that he enlisted on 30 January 1970 and served as a radio relay operator in Vietnam from 24 August 1970 through 
19 August 1971.  He was discharged on 10 May 1972 with an under honorable conditions (general) discharge under the provisions of Army Regulation 635-200, chapter 10, for the good of the service. 

5.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Army Commendation Medal as an authorized award.

6.  The applicant provided a copy of a letter, dated 23 February 1971, from his supervisor (staff sergeant at 595th Signal Company) which recommends the applicant for award of the Army Commendation Medal for meritorious achievement during the period 27 August 1970 to 23 February 1971.  The Board notes the Social Security Number shown on the recommendation is not the applicant’s Social Security Number.    

7.  There are no orders in the applicant’s service personnel records which show that he was awarded the Army Commendation Medal.  Item 41 (Awards and Decorations) on his DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Army Commendation Medal.

8.  The applicant’s personnel records show that he served in Vietnam for one year, consistently received excellent ratings in conduct and efficiency and was promoted to pay grade E-4 during that time.      

9.  There is no evidence in the applicant’s personnel service records which shows he was recommended for or awarded the Bronze Star Medal for his service in Vietnam.

10.  Army Regulation 600-8-22 (Military Awards) 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.

11.  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.  

CONCLUSIONS:

1.  Evidence of record shows that the applicant’s immediate supervisor at the time in question recommended him for award of the Army Commendation Medal for meritorious achievement for the period 27 August 1970 to 23 February 1971.

2.  The Board notes that the applicant’s performance described in the recommendation meets the criteria for award of the Army Commendation Medal. As a result, the Board determined that this recommendation for award of the Army Commendation Medal, dated 23 February 1971, is sufficient as a basis for award of the Army Commendation Medal.  Therefore, the applicant is entitled to correction of his military records to show award of the Army Commendation Medal for meritorious achievement for the period 27 August 1970 to 23 February 1971.    

3.  The applicant’s request to upgrade the Army Commendation Medal to the Bronze Star Medal was considered by the Board.  However, the Board found no compelling evidence which warranted upgrading the applicant’s award of the Army Commendation Medal, as recommended by the applicant’s immediate supervisor at the time in question, to the Bronze Star Medal.  Therefore, there is no basis for granting the applicant's request to upgrade the Army Commendation Medal to the Bronze Star Medal. 
4.  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.

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

BOARD VOTE:  

EJA_____  ALR____  BFH____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Elzey J. Arledge____
		        CHAIRPERSON

INDEX

CASE ID	AR2000043743	
SUFFIX		
RECON		
DATE BOARDED	20001031	
TYPE OF DISCHARGE	(GD)	
DATE OF DISCHARGE	19720510	
DISCHARGE AUTHORITY	AR 635-200 Chapter 10	
DISCHARGE REASON	For the good of the service	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0020	
2.	107.0014	
3.		
4.		
5.		
6.