PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           31 January 2002    
	DOCKET NUMBER:   AR2001062097

	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. Raymond V. O’Connor		Chairperson	
	Mr. Elzey J. Arledge		Member	
	Ms. Regan K. Smith		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 military records to show two “Presidential Commendations” (correctly known as the Presidential Unit Citation).

3.  The applicant states, in effect, that he received two “Presidential Commendations” for volunteering to drive a truck which contained napalm for one week in Vietnam.  In support of his application, he submits a letter of explanation. 

4.  The applicant’s military records show that he enlisted on 10 June 1970 for a period of 3 years.  He served as a cook in Vietnam from 10 December 1971 through 9 August 1972 and was honorably released on 8 June 1973.

5.  The applicant’s DD Form 214 (Report of Transfer or Discharge) does not show the Presidential Unit Citation as an authorized award. 

6.  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 unit, to which the applicant was assigned, the 446th Transportation Company, was not cited for any award of the Presidential Unit Citation while he was assigned to it.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 446th Transportation Company was cited for award of the Meritorious Unit Commendation for actions during the period 1 January 1972 to 1 July 1972 by Department of the Army General Orders Number 32, dated 1973.  This award is not shown on the applicant’s discharge document.

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 award is not shown on his discharge document.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 
3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.  

CONCLUSIONS:

1.  Evidence of record shows that the applicant’s unit was not cited for any award of the Presidential Unit Citation while he was assigned to it.  Therefore, there is insufficient evidence on which to base any award of the Presidential Unit Citation in this case.  

2.  The applicant’s unit received the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, the applicant is entitled to correction of his DD Form 214 to show these awards.

3.  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 Meritorious Unit Commendation and 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____  EJA_____  RKS____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Raymond V. O’Connor____
		        CHAIRPERSON

INDEX

CASE ID	AR2001062097	
SUFFIX		
RECON		
DATE BOARDED	20020131	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0034	
2.	107.0094	
3.	107.0031	
4.		
5.		
6.