MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           5 February 2002                   
	DOCKET NUMBER:   AR2001064983

	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. June Hajjar 		Chairperson	
	Ms. Karol A. Kennedy 		Member	
	Mr. Roger W. Able 		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:  In effect, correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Air Medal and the Army Commendation Medal (Third Oak Leaf Cluster) with “V” Device.

APPLICANT STATES:  That he was awarded four awards of the Army Commendation Medal, two awards for valor, one award for achievement and one award for meritorious service.  He also contends that he was awarded the Air Medal.  In support of his application, he submits a copy of his DD Form 214; four award certificates for the Army Commendation Medal; one award certificate for the Air Medal; and three award certificates for the Purple Heart.    

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

The applicant was inducted on 7 June 1967.  He served as a light weapons infantryman in Vietnam from 16 May 1968 to 15 February 1969 and was wounded on three occasions as a result of hostile action.  The applicant was honorably released on 18 April 1969.

The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Air Medal or any award of the Army Commendation Medal as authorized awards.

In support of his claim, the applicant provided an award certificate, dated 
13 January 1969, which shows that he was awarded the Air Medal for meritorious achievement while participating in aerial flight in Vietnam from 3 July 1968 to 28 September 1968.  However, this award certificate does not show the authentication portions by the Commanding Officer or the Secretary of the Army.

There are no orders for the Air Medal in the applicant’s service personnel records.  There are no flight hours in the applicant’s service personnel records.  Item 41 (Award and Decorations) on the applicant’s DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Air Medal.   

The applicant provided an award certificate, dated 19 September 1968, for the Army Commendation Medal with “V” Device for heroism in Vietnam on 19 June 1969.  This award certificate does not show the authentication portions by the Commanding Officer or the Secretary of the Army.  He provided an award certificate, dated 14 September 1968, for the Army Commendation Medal (First Oak Leaf Cluster) with “V” Device for heroism in Vietnam on 19 June 1968.  This award certificate does not show the authentication portions by the Commanding Officer or the Secretary of the Army.  He provided a properly authenticated award certificate, dated 27 February 1969, for the Army Commendation Medal (First Oak Leaf Cluster) for outstanding achievement during the period 14 August 1968 to 5 December 1968.  He also provided a properly authenticated award certificate, dated 1 May 1969, for the Army Commendation Medal (First Oak Leaf Cluster) for meritorious service in Vietnam during the period May 1968 to January 1969.  

There are no orders for any award of the Army Commendation Medal in the applicant’s service personnel records.  Item 41 (Award and Decorations) on the applicant’s DA Form 20 (Enlisted Qualification Record) does not show entitlement to any award of the Army Commendation Medal.   

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

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.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.  The bronze “V” device indicates acts of heroism involving conflict with an armed enemy.

Paragraph 1-25 of Army Regulation 600-8-22 provides that awards made by the President, Secretary of Defense and the Secretary of the Army will be announced in Department of the Army General Orders.

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 considered the unauthenticated award certificate for the Air Medal provided by the applicant.  However, in accordance with the governing regulation, awards made by the Secretary of the Army will be announced in general orders.  There are no general orders for the Air Medal in the applicant’s military records.  Therefore, the Board finds the unauthenticated award certificate insufficient as a basis for award of the Air Medal in the case. 

2.  The Board also considered the two unauthenticated award certificates for the Army Commendation Medal (First Oak Leaf Cluster) with “V” Device and the two properly authenticated award certificates for the Army Commendation Medal (First Oak Leaf Cluster) provided by the applicant.  However, there are no general orders for any award of the Army Commendation Medal in the applicant’s military records.  Therefore, the Board finds the four award certificates insufficient as a basis for any award of the Army Commendation Medal.

3.  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.

4.  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

JH_____  KAK_____  RWA____  DENY APPLICATION

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

INDEX

CASE ID	AR2001064983	
SUFFIX		
RECON		
DATE BOARDED	20020205	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0018	
2.	107.0020	
3.		
4.		
5.		
6.