PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           10 January 2002
	DOCKET NUMBER:   AR2001064859

	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	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. John T. Meixell		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 records to show the Army Commendation Medal with three bronze oak leaf clusters, correctly known as the Army Commendation Medal (Third Oak Leaf Cluster).

3.  The applicant states, in effect, that he is entitled to correction of his records to show award of the Army Commendation Medal (Third Oak Leaf Cluster).  In support of his application, he provided a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a copy of a DD Form 215 (Correction to DD Form 214), a partially legible copy of a DA Form 1577 (Authorization for Issuance of Awards), and a copy of an award certificate for award of the “Army Commendation Medal (3rd OAK LEAF CLUSTER).”

4.  The applicant’s military records show that he entered active duty on 26 August 1969 and completed training as a field artillery crewman.  He served in Vietnam from 21 January 1970 through 22 November 1970 and again from 1 November 1971 through 19 April 1972.  The applicant was honorably separated from active duty on 20 April 1972.

5.  The applicant’s DD Form 214 shows entitlement to only one award of the Army Commendation Medal.

6.  The DD Form 215 issued by the Army Review Boards Agency Support Division in St. Louis, Missouri, shows, among several corrections, award of the “Army Commendation Medal W/1 OLC and “V” Device” [Army Commendation Medal with One Oak Leaf Cluster and with “V” Device].

7.  The applicant’s service personnel records contain 25th Division General Orders Number 7751, dated 14 July 1970, which awarded him the Army Commendation Medal with “V” Device for heroism in action on 16 June 1970.

8.  The applicant’s records also contain 25th Infantry Division General Orders Number 8143, dated 25 July 1970, which awarded him the Army Commendation Medal (1st Oak Leaf Cluster) for meritorious achievement for the period 1 May 1970 to 30 June 1970.

9.  The applicant’s records also contain Headquarters 3rd Brigade, 1st Cavalry Division, General Orders Number 870, dated 21 March 1973, which awarded him the Army Commendation Medal for meritorious service for the period August 1971 to April 1972.

10.  There are no other orders in the applicant’s records which entitle him to additional awards of the Army Commendation Medal.

11.  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.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” device in conjunction with awards of the Army Commendation Medal, the Air Medal and the Bronze Star Medal.  

13.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.

14.  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.

CONCLUSIONS:

1.  Orders show the applicant received the Army Commendation Medal with “V” Device.

2.  Orders show the applicant subsequently received a second award of the Army Commendation Medal correctly identified in General Orders as the Army Commendation Medal (1st Oak Leaf Cluster).

3. Orders show the applicant received a third award of the Army Commendation Medal which was not properly identified in General Orders as the Army Commendation Medal (Second Oak Leaf Cluster).

4.  The Board noted the award certificate provided by the applicant for the Army Commendation Medal (3rd Oak Leaf Cluster).  However, his records do not contain a recommendation for a fourth award of the Army Commendation Medal or General Orders which authorize a fourth award of the Army Commendation Medal.  Therefore, the Board determined that the award certificate was in error and not sufficient as a basis for a fourth award of the Army Commendation Medal or the Army Commendation Medal (Third Oak Leaf Cluster).

5.  Based on General Orders present in the applicant’s records, he is entitled to three awards of the Army Commendation Medal, one of which was awarded with a “V” Device.  Therefore, he is entitled to correction of his records to show award of the Army Commendation Medal (Second Oak leaf Cluster) with “V” Device.

6.  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 the individual concerned was awarded the Army Commendation Medal (Second Oak leaf Cluster) with “V” Device.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__TSK__  __JTM___  __FNE___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___MR. Fred N. Eichorn__
		        CHAIRPERSON

INDEX

CASE ID	AR2001064859	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020110	
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	MR SCHNEIDER	
ISSUES         1.	107.0020.0000	
2.		
3.		
4.		
5.		
6.