PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            6 March 2001
	DOCKET NUMBER:   AR2000048265

	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	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelly		Chairperson	
	Mr. Ernest W. Lutz, Jr.		Member	
	Mr. Harry B. Oberg		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 records to show nine awards of the Air Medal and award of the Army Commendation Medal.

3.  The applicant states that, although these medals were issued, he did not receive them and they are not listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He states he provided an award certificate for awards of the Air Medal and a citation for award of the Army Commendation Medal in support of his application; however, these documents were not attached to the application when received by the Board.

4.  The applicant’s military records show that he was inducted on 11 October 1965 and completed training as an aircraft maintenance crewman.  He served in Vietnam from 8 July 1966 to 9 July 1967 and was honorably discharged from active duty on 12 July 1967.

5.  The applicant’s DD Form 214 shows only three awards of the Air Medal and shows no award of the Army Commendation Medal.

6.  The applicant’s service personnel records contain 1st Cavalry Division General Orders Number 2947, dated 4 June 1967 which awarded him the Air Medal (Third through Eighth Oak Leaf Clusters) for the period 26 September 1966 through 29 April 1967.

7.  The applicant’s DD Form 214 does not show the Army Commendation Medal as an authorized award.  There are no orders in the applicant’s service personnel records which show that he was awarded the Army Commendation Medal, and there is no evidence that he was recommended for award of the Army Commendation Medal.  His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 41 (Awards and Decorations) for award of the Army Commendation Medal. 

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8 dated 1974.  This foreign unit award is not shown on the applicant’s DD Form 214.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  Regulation provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

10.  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.

CONCLUSIONS:

1.  Orders show that the applicant is entitled to nine awards of the Air Medal; therefore, the applicant is entitle to correction of his records to show award of the Air Medal with numeral “9”.

2.  There is no evidence that the applicant was recommended for or awarded the Army Commendation Medal; therefore, he is not entitled to correction of his records to show entitlement to award of the Army Commendation Medal.

3.  The applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his records to show this foreign unit award.

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 Air Medal with numeral “9” and that he was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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

BOARD VOTE:  

__SK___  __EWL__  __HBO___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Mr. Stanley Kelly____
		        CHAIRPERSON

INDEX

CASE ID	AR2000048265	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010306	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.0000.0000	
2.		
3.		
4.		
5.		
6.