PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           29 November 2001                   
	DOCKET NUMBER:   AR2001056271

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Mr. William D. Powers		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 his records be corrected to reflect award of the Army Commendation Medal (ARCOM), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Navy Unit Commendation Medal, the Republic of Vietnam Civil Actions Honor Medal, and the Presidential Unit Citation (PUC).

3.  The applicant makes no additional statement.  He provides his Report of Transfer or Discharge, DD Form 214, an unsigned copy of an ARCOM citation, and a copy of his unit’s history from the Internet as supporting evidence.

4.  The applicant’s military records are not available.  The information contained herein was obtained from alternate sources.

5.  The applicant was inducted into the Army on 12 May 1966.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  

6.  The provided ARCOM citation shows the applicant was assigned to Company C, 4th Battalion, 47th Infantry, 9th Infantry Division from 10 January 1967 to         31 December 1967.  His DD Form 214 shows he served 11 months and 26 days in Vietnam.  While in Vietnam he earned the Purple Heart and the Bronze Star Medal with V device.  He was assigned to Fort Hood, TX when he separated on 10 May 1968.

7.  A search of records at the National Archives and at the U. S. Total Army Personnel Command could not locate a copy of the General Orders awarding the applicant the ARCOM.  It was noted that numerous General Orders are listed as missing from the historical files at these two locations.

8.  The Internet extract provided by the applicant shows that Company B, 1st Platoon of the 9th Infantry Division was awarded the Presidential Unit Citation for action on 5 January 1968.

9.  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.

10.  Department of the Army Pamphlet 672-3 shows that the 4th Battalion, 47th Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 – 30 June 1968 and the Republic of Vietnam Civil Actions Honor Medal, First class for the period 19 December    1966 – 28 June 1969.  (It also shows Company C was awarded the PUC for the period 29 January – 4 March 1968.)  There is no record of either the 47th Infantry or the 9th Infantry Division or any subordinate unit of these organizations being awarded the Navy Unit Commendation.

11.  There is evidence to show that the applicant’s military personnel records jacket, DA Form 201, was provided to the Department of Veterans Affairs (VA).  The Board analyst confirmed with the Waco, TX, VA Regional Office that their computer system shows they should have his 201 file; however, it is annotated as “incoming.”  That indicated to Waco that his 201 file might be at the Houston, TX VA Regional Office.  However, numerous attempts by the Board analyst to contact the Houston Regional Office failed to elicit a return response.

CONCLUSIONS:

1.  The applicant provides an ARCOM citation that shows he was assigned to Company C, 4th Battalion, 47th Infantry yet he requests award of the PUC that was awarded to Company B, 1st Platoon, 9th Infantry Division.  In the absence of other verifying records such as the applicant’s military personnel records jacket or general orders, the Board finds that the provided unsigned ARCOM citation is insufficient to show he was awarded the ARCOM.  Since there is no other verifying records, the Board also cannot determine if the applicant was assigned to the 4th Battalion, 47th Infantry, 9th Infantry Division.

2.  If it could be verified that the applicant was assigned to the 4th Battalion, 47th Infantry, 9th Infantry Division, the applicant would be eligible for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal, First Class.  From the provided evidence, he would not have been assigned to the battalion during the period it was awarded the PUC (29 January – 4 March 1968).  In addition, the PUC awarded to Company B, 1st Platoon, 9th Infantry Division was awarded after (5 January 1968) the provided evidence shows he departed Vietnam.

3.  The applicant is eligible for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation in any instance since all units assigned to Vietnam are eligible for that award.

4.  Recommend the applicant attempt to obtain his 201 file from the VA and provide the original records to the Board.  His 201 file may contain information that could substantiate the applicant’s assignment history, enabling the Board to reconsider his request for the additional awards.

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

RECOMMENDATION:

1.  That the applicant’s DD Form 214 be amended to add 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:  

__rvo___  __jpi___  __wdp___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001056271	
SUFFIX		
RECON		
DATE BOARDED	20011129	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0031	
2.	107.0020	
3.	107.0094	
4.	107.0095	
5.		
6.