MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           18 June 2002                  
	DOCKET NUMBER:   AR2002069817

	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. Karol A. Kennedy 		Chairperson	
	Mr. Melvin H. Meyer 		Member	
	Mr. Allen L. Raub 		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:  Correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Good Conduct Medal and the Meritorious Unit Emblem (correctly known as the Meritorious Unit Commendation).

APPLICANT STATES:  In effect, that in 1993 he received authorization for issuance of these awards; therefore, he would like his DD Form 214 corrected to show these awards.  In support of his application, he submits a copy of his DD Form 214; a letter, dated 13 November 2001, from the Review Boards Agency, Support Division, St. Louis, Missouri; a DD Form 215 (Correction to DD Form 214), dated 13 November 2001; and DA Forms 1577 (Authorization for Issuance of Awards), dated 26 July 1993, 4 May 2001 and 16 October 1984.  

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

The applicant enlisted on 22 December 1969 for a period of 2 years.  He served as a door gunner in Vietnam from 2 June 1970 through 10 February 1971 and was honorably discharged on 27 October 1971 by reason of physical disability.  

The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Good Conduct Medal or the Meritorious Unit Commendation as authorized awards.

In support of his claim, the applicant provided a DA Form 1577 (Authorization for Issuance of Awards), dated 26 July 1993, which shows that the Army Reserve Personnel Center in St. Louis, Missouri, determined that he was entitled to the Good Conduct Medal and the Meritorious Unit Commendation.     

There are no orders for the Good Conduct Medal in the applicant’s service personnel records.  His records show that he received three nonjudicial punishments during his enlistment.  His records also show that he had 7 days of lost time due to being absent without leave.     

There are no orders for the Meritorious Unit Commendation in the applicant’s service personnel records.  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 191st Aviation Company, was not cited for award of the Meritorious Unit Commendation while he was assigned to it.

Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal 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 Good Conduct Medal, disqualification must be justified.  

Army Regulation 600-8-22, in pertinent part, states that effective 1 March 1961 the Meritorious Unit Commendation was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months in support of military operations.  

Army Regulation 600-8-104 (Military Personnel Information Management/Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records.  In pertinent part, this regulation states that for U.S. military decorations the only acceptable source documentation is the order, letter, or memorandum which awards the decoration. Award certificates, citations, or separation certificates alone will not be the basis for entry of a decoration.  DD Form 214 (Certificate of Release or Discharge) alone should not be the sole basis for recording a decoration.  This document may be used to initially enter a decoration; however, if the validity of the award on the DD 214 is questioned or challenged, the only acceptable proof of award of the decorations will be the order, letter, or memorandum which awarded the decoration.

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 Board noted the DA Form 1577 (Authorization for Issuance of Awards), dated 26 July 1993, provided by the applicant which shows entitlement to the Good Conduct Medal and the Meritorious Unit Commendation.  However, in accordance with Army Regulation 600-8-104, the DA Form 1577 is not an authority for entitlement to an award.

2.  However, there are no orders awarding the applicant the Good Conduct Medal during his enlistment.  Although there is no indication the applicant’s chain of command disqualified him from award of the Good Conduct Medal, his record shows instances of indiscipline, absence without leave and imposition of nonjudicial punishments which are disqualifying factors for award of the Good Conduct Medal.  In view of the applicant’s acts of indiscipline, the Board determined that there was insufficient evidence on which to base award of the Good Conduct Medal in this case.  Therefore, he is not entitled to correction of his DD Form 214 to show this award.

3.  Also, there are no orders for the Meritorious Unit Commendation in the applicant’s military records.  Evidence of record shows that the applicant’s unit did not receive the Meritorious Unit Commendation while he was assigned to it.  Therefore, the Board determined that there is no evidence on which to base award of the Meritorious Unit Commendation in this case.     

4.  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.

5.  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

KAK____  MHM____  ALR_____  DENY APPLICATION

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

INDEX

CASE ID	AR2002069817	
SUFFIX		
RECON		
DATE BOARDED	20020618	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0056	
2.	107.0034	
3.		
4.		
5.		
6.