PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           28 March 2002                  
	DOCKET NUMBER:   AR2001060341

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Thomas Lanyi		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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Commendation Medal (ARCOM).

3.  The applicant makes no statement, but he submits in support of his request a copy of the certificate showing award of the ARCOM and a copy of his DD Form 214.

4.  The applicant’s military records show that he was inducted into the Army of the United States on 18 November 1966.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He served in the RVN from 29 May 1967-26 May 1968.  He was initially assigned to Headquarters and Headquarters Company, 2nd Battalion, 47th Infantry, 9th Infantry Division from 9 June 1967-2 July 1967.  He was later assigned to Company A, 2nd Battalion, 47th Infantry, 9th Infantry Division from 3 July 1967-26 May 1968.

5.  The applicant was honorably released from active duty on 27 September 1968.  His DD Form 214 shows that he was entitled to award of the Purple Heart, the National Defense Service Medal, the Vietnam Service Medal with bronze service star, the Vietnam Campaign Medal with Device 60 and the Combat Infantryman Badge.

6.  The certificate that the applicant provided shows that he was awarded the ARCOM for meritorious service in connection with military operations against a hostile force in the RVN from 6 July 1967-4 May 1968.  His certificate is signed by Major General Julian J. Ewell and dated 4 May 1968.

7.  This agency performed a thorough search of historical records for Company
A, 2nd Battalion, 47th Infantry, 9th Infantry Division that are located at the National Archives, College Park, Maryland.  This search failed to locate a General Order identifying the applicant for award of the ARCOM.  However, during this search it was discovered that 143 General Orders are missing from the 9th Infantry Division's files for the period between 30 April-27 May 1968, which was the time frame in which the applicant's order would have been published.  The 9th Infantry Division's historical files also revealed that Major General Ewell was the Commanding General from February 1968-31 March 1969.

8.  Army Regulation 600-8-22 (Military Awards) provides that the ARCOM 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.

9.  Army Regulation 600-8-22 provides that the GCMDL is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the GCMDL, disqualification must be justified.  In the applicant’s case, there is no evidence of derogatory information in his available records, nor is there any evidence to show that he was disqualified by his unit commander for award of the GCMDL; therefore, he is entitled to award of the GCMDL.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the units to which the applicant was assigned were cited for award of:  the Valorous Unit Award on 31 January 1968 by Department of the Army General Order (DAGO) Number 5, dated 1969; the RVN Gallantry Cross with Palm Unit Citation for the period 1 December 1966-30 June 1968 by DAGO Number 31, dated 1969; the RVN Civil Actions Medal, First Class Unit Citation for the period 19 December 1966-28 June 1969 by DAGO Number 59, dated 1969.  His DD Form 214 does not show these awards because his unit received them after he had been released from active duty.

11.  For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as a whole months for credit toward the overseas service bar.  The applicant is entitled to two overseas service bars.

CONCLUSIONS:

1.  The applicant has presented a copy of a certificate signed by the 9th Infantry Division Commanding General showing that he was awarded the ARCOM for meritorious service from July 1967 through May 1968, a period corresponding to his period of assignment to the 9th Infantry Division.  Although award of the ARCOM must be announced in orders and no orders are available in this case, the Board, as an exception to policy, authorizes the applicant's ARCOM to be shown on his DD Form 214.

2.  The applicant served with honor and distinction.  There is no evidence of any misconduct, nor is there evidence that his unit commander ever denied him the award of the GCMDL.  Therefore, he is entitled to award of the GCMDL for his period of honorable service from 18 November 1966-27 September 1968.  

3.  The applicant is also entitled to have his DD Form 214 corrected to show that he was awarded the Valorous Unit Award, RVN Gallantry Cross with Palm Unit Citation, the RVN Civil Actions Medal, First Class Unit Citation, and two overseas service bars for his period of service from 29 May 1967-26 May 1968.

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 and that the individual concerned be issued a DD Form 215 (Correction to DD Form 214) showing that he was awarded the ARCOM, the GCMDL, the Valorous Unit Award, the RVN Gallantry Cross with Palm Unit Citation, the RVN Civil Actions Medal, First Class Unit Citation, and two overseas service bars.

BOARD VOTE:  

__FNE__  __LE____  __TL____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___    Fred N. Eichorn______
		        CHAIRPERSON

INDEX

CASE ID	AR2001060341	
SUFFIX		
RECON	 	
DATE BOARDED	20020328 	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19681027	
DISCHARGE AUTHORITY	AR635-200 	
DISCHARGE REASON	A03.00	
BOARD DECISION	(GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	107.0020	
2.	107.0033	
3.		
4.		
5.		
6.