MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 1 October 2002
         DOCKET NUMBER: AR2002068168

         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. Rosa M. Chandler		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr.		Chairperson
Mr. Margaret K. Patterson		Member
Mr. Arthur A. Omartian		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)

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APPLICANT REQUESTS: In effect, that his Bronze Star Medal (BSM) with "V" Device be upgraded to the Medal of Honor (MOH). He also requests that the orders awarding him the BSM be corrected to reflect his correct social security account number (SSAN).

APPLICANT STATES: That former President Clinton awarded an individual the MOH for an act of valor similar to that for which he was awarded the BSM with "V" Device. He adds that General Orders Number 1705, Headquarters, 173rd Airborne Brigade, dated 18 June 1968, awarding him the BSM incorrectly shows his SSAN as 133-XX-XXXX vice 136-XX-XXXX.

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

The applicant’s military records show that he enlisted in the Army National Guard (ARNG) on 22 April 1959. He served on active duty status from 4 January
1960-4 February 1966, from 16 May 1966-15 May 1969 and from 14 April
1978-14 October 1983.

The applicant served in Vietnam from 26 January 1966-11 June 1968 with the First Battalion, 503rd Infantry. He was wounded on 8 August 1967 and he was awarded the Purple Heart (PH) on 3 June 1968.

On 21 May 1968, the applicant was awarded the BSM for meritorious service in connection with ground operations against a hostile force in Vietnam from June 1967-June 1968.

General Orders Number 1705, as amended, shows that the applicant was awarded a second BSM for valor in connection with military operations against a hostile force. On 3 March 1968, his unit made contact with a company-sized enemy unit and the point element suffered several casualties and was pinned down. The applicant moved forward under heavy enemy fire and brought three wounded comrades back to safety. During this action, he was slightly wounded by enemy fire. The General Orders incorrectly reflects the applicant's SSAN as starting with 133-XX-XXXX.

General Orders Number 3084, Headquarters, 173rd Airborne Brigade, dated 5 December 1968, amended paragraph 1 of General Orders 1705 to read "Awarded: Bronze Star Medal with 'V' Device (first oak leaf cluster (OLC))." His SSAN is correctly shown as 136-XX-XXXX.

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The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that he was honorably separated on 8 October 1986 and transferred to the United States Army Reserve Control Group, St. Louis, Missouri. His DD Form 214 also shows that he was awarded the BSM with 1 OLC and "V" Device; the Purple Heart with 1 OLC; the Air Medal; the Army Commendation Medal, the Good Conduct Medal, 4th award; the National Defense Service Medal; the Armed Forces Expeditionary Medal; the Vietnam Service Medal (5 campaigns); the Noncommissioned Officers Professional Development Ribbon; the Army Service Ribbon, the Republic of Vietnam Campaign Medal; the Presidential Unit Citation; the Meritorious Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation; the Combat Infantryman Badge; the Expert Infantryman Badge; the Drill Sergeant Identification Badge; the Senior Parachutist Badge; the Republic of Vietnam Parachutist Badge and the Expert Marksmanship Badge,
M-16 Rifle.

Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. It provides, in pertinent part, for award of the Medal of Honor (MOH). The Medal of Honor is awarded by the President in the name of Congress to a person who, while a member of the Army, distinguishes himself or herself conspicuously by gallantry and intrepidity at the risk of his or her life above and beyond the call of duty while engaged in an action against an enemy of the United States; while engaged in military operations involving conflict with an opposing foreign force; or while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party. The deed performed must have been one of personal bravery or self-sacrifice so conspicuous as to clearly distinguish the individual above his comrades and must have involved risk of life. Incontestable proof of the performance of the service will be exacted and each recommendation for the award of this decoration will be considered on the standard of extraordinary merit.

Section 1130, Title 10, United States Code provides that each Service Secretary, upon request of a Member of Congress, shall review a proposal for the award or presentation, or the upgrading, of a decoration that is not otherwise authorized due to limitations established by law or policy for timely submission. Applications by former service members should be submitted through a Member of Congress to: Commander, Personnel Command (PERSCOM), ATTN: TAPC-PDA, 200 Stovall Street, Alexandria, VA 22332-0471. Along with the recommendation submitted on DA Form 638 (Recommendation for Award), the former service member must present evidence to support upgrading the award or decoration to a higher award or decoration.

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 was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 15 April 1969 to 16 March 1971 by Department of the Army General Order Number 5, dated 1973.

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. 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.

2. The Board concludes that the applicant's SSAN was incorrectly entered on General Orders Number 1705; he is entitled to have this order corrected to show that his SSAN is "136-XX-XXXX. The Army Review Boards Agency, Support Division, St. Louis, Missouri, will be instructed to make the necessary correction to his record.

3. The applicant distinguished himself by heroic actions in connection with military operations against an armed enemy. His actions were recognized by his company chain of command and he was recommended for an award for valor. A determination by recommending officials called for the award of the BSM with "V" Device and the Commanding General, 173rd Airborne Brigade, approved the recommendation.

4. Section 1130, Title 10, United States Code requires the applicant to submit his request for upgrade of his BSM with "V" Device to a MOH through a Member of Congress to the Commander, PERSCOM. Therefore, the Board will not further address the issue.

5. According to the Unit Citation and Campaign Participation Credit Register, the applicant is entitled to the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 15 April 1969 to 16 March 1971. The Army Review Boards Agency, Support Division, St. Louis, Missouri, will also be instructed to make this necessary correction to his record.

6. In view of the foregoing, there is no basis for granting the applicant's request.

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DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE: Request that the Army Review Boards Agency, Support Division, St. Louis, Missouri administratively correct General Orders Number 1705 to show the individual's correct SSAN is 136-XX-XXXX. Also, administratively correct the individual's record to show that he was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 15 April 1969 to 16 March 1971.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__rvo___ __mkp___ __aao___ DENY APPLICATION

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

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INDEX

CASE ID	AR2002068168
SUFFIX
RECON
DATE BOARDED	20021001
TYPE OF DISCHARGE	(HD)
DATE OF DISCHARGE	19861008
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	100.0900
2.	107.0010
3.
4.
5.
6.