MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           25 January 2001   
	DOCKET NUMBER:   AR2000047658

	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.

	Mr. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Lester Echols		Member	
	Ms. Karen A. Heinz		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:  Award of the Bronze Star Medal with “V” Device and a second award of the Army Commendation Medal (correctly known as the Army Commendation Medal (First Oak Leaf Cluster)).   

The applicant’s request for the Bronze Star Medal with “V” Device will be addressed by separate correspondence to the applicant.

APPLICANT STATES:  In effect, that he should be awarded the Army Commendation Medal for his outstanding performance of duty as communication records clerk.  In support of his application, he submits a statement of explanation; a Letter of Commendation dated 2 July 1970; and a Letter of Commendation dated 16 July 1970.  

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant was inducted on 28 January 1964 and honorably discharged on 
27 January 1965 for immediate reenlistment.  He reenlisted on two occasions and served three tours in Vietnam.  The applicant was discharged with an under honorable conditions discharge (a general discharge) under the provisions of Army Regulation 635-200, chapter 10, for the good of the service on 23 February 1973.  The Army Discharge Review Board upgraded his discharge to honorable in October 1977.          

The applicant’s DD Forms 214 (Report of Transfer or Discharge), which were authenticated in his own hand, do not show any award of the Army Commendation Medal as an authorized award.

Headquarters 1st Aviation Brigade General Orders Number 5136, dated 
11 October 1969, show the applicant was awarded the Army Commendation Medal for meritorious service in Vietnam for the period February 1969 to July 1969.

A DD Form 215 (Correction to Form 214) was issued on 29 September 1987 and amended the applicant’s records to show the Army Commendation Medal as an authorized award. 

In support of his claim, the applicant provided two Letters of Commendation from his unit commander and the battalion commander for his outstanding performance of duty as communication records clerk at Fort Rucker, Alabama.  

There is no evidence in the applicant’s personnel records which shows that he was recommended for or awarded a second award of the Army Commendation Medal.  

Item 41 (Awards and Decorations) on the applicant’s DA Form 20 (Enlisted Qualification Record) shows entitlement to one award of the Army Commendation Medal.

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.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.

Army Regulation 600-8-22 provides in paragraph 3-1c that the decision to award an individual a decoration and the decision as to which award is appropriate are both subjective decisions made by the commander having award approval authority.

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 applicant received the Army Commendation Medal for meritorious service in Vietnam during February 1969 to July 1969.

2.  The Board considered the applicant’s contention that he should be awarded a second award of the Army Commendation Medal for his outstanding performance of duty as communication records clerk.  However, evidence of record shows that the applicant received Letters of Commendation from his company commander and battalion commander for his outstanding performance of duty as communications records clerk.   

3.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was recommended for or awarded a second award of the Army Commendation Medal.  In the absence of a recommendation for an award of the Army Commendation Medal and in view of the Letters of Commendation tendered to the applicant, it is clear that the company and battalion commanders determined that the Letters of Commendation were the appropriate recognition for his actions.    

4.  The Board considered the applicant’s Letters of Commendation and all available evidence of record in this case and found no compelling evidence which warranted an award of the Army Commendation Medal instead of the commendations he received.  Therefore, the applicant is not entitled to correction of his military records to show award of the Army Commendation Medal (First Oak Leaf Cluster). 

5.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

6.  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

JH______  LE_____  KAH_____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000047658	
SUFFIX		
RECON		
DATE BOARDED	20010125	
TYPE OF DISCHARGE	(GD)	
DATE OF DISCHARGE	19730223 – However, Army Discharge Review Board upgraded discharge to honorable in October 1977	
DISCHARGE AUTHORITY	AR 635-200 Chapter 10	
DISCHARGE REASON	For the good of the service	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0020	
2.		
3.		
4.		
5.		
6.