PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           13 March 2003                  
	DOCKET NUMBER:   AR2003083676

	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. Thomas A. Pagan		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. John A. Kelley		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 award of the Army Commendation Medal.  

3.  The applicant states, in effect, that he was put in for the Army Commendation Medal and it is not shown on his DD Form 214 (Report of Transfer or Discharge). In support of his application, he submits a copy of his DD Form 214.

4.  The applicant’s military records show that he entered active duty on 17 July 1968, served as an infantryman and was honorably discharged on 3 March 1970. The applicant reenlisted on 4 March 1970 for a period of 4 years.  He served as an infantryman in Vietnam from 16 December 1968 through 10 December 1969 and was honorably released from active duty on 11 December 1973.

5.  The applicant's DD Form 214, which was authenticated in his own hand, does not show the Army Commendation Medal as an authorized award. 

6.  There is no evidence in the available records that the applicant was recommended for or awarded the Army Commendation Medal.  

7.  The applicant's DD Form 214 shows the Vietnam Service Medal as an authorized award.  His records show that he served in four campaigns during his assignment in Vietnam.

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 DD Form 214.

9.  Army Regulation 600-8-22 (Military Awards) 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.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

CONCLUSIONS:

1.  The Board considered the applicant's contention that he was put in for the Army Commendation Medal.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Army Commendation Medal.  Therefore, the Board determined that there is insufficient evidence on which to base award of the Army Commendation Medal in this case. 

2.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows the applicant participated in four campaigns during his assignment in Vietnam.  Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with four bronze service stars and correction of his DD Form 214.   

3.  The applicant's unit was cited for 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 this unit citation.

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 Vietnam Service Medal with four bronze service stars 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:  

TAP____  RWA___  JAK_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Thomas A. Pagan________
		        CHAIRPERSON

INDEX

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