IN THE CASE OF:	  

		BOARD DATE:	  13 October 2011

		DOCKET NUMBER:  AR20110003409 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in two separate applications, to add two additional awards of the Bronze Star Medal (BSM) and the Presidential Unit Citation (PUC) to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

2.  He states he earned the awards while attached to the Headquarters and Headquarters Battery (HHB), 1st Infantry Division during his tour in Vietnam from 1967 to 1968.  General Orders Number 9508, dated 6 September 1968 incorrectly lists his service number, which explains in part why this BSM was never received.  The exigent circumstances caused paperwork of this nature to fall behind or become lost; hence the interval between the date of action and the date of the orders.  Through a series of errors and omissions, the medals, citations and certificates were never received.   

3.  He provides:

* Award orders
* Copy of an email 
* Copies of various articles 
* An extract from a U.S. Department of the Army pamphlet

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  His records show he was inducted into the Army of the United States on 
17 August 1966 and held military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) contains the following information:

	a.  Item 31 (Foreign Service) – he served a tour of duty in the Republic of Korea form 23 December 1966 through 21 February 1967.  He served in the Republic of Vietnam from 17 October 1967 through 9 August 1968.

	b.  Item 38 (Record of Assignments) – while serving in Vietnam, he was assigned to the Headquarters, Maintenance Support Command (HMSC), 610th Maintenance Battalion in MOS 76Y (General Supply Specialist) from 21 October to 1 November 1967 and in MOS 71B (Clerk Typist) from 1 November 1967 until his departure on 7 August 1968.  There is no indication he was attached to HHB, 1st Infantry Division Artillery at any time during this period of his service. 

	c.  Item 41 (Awards and Decorations) – does not show award of the BSM or the PUC. 

4.  He provided a copy of General Orders Number 9508, dated 6 September 1968.  This order was issued by Headquarters (HQ), 1st Infantry Division for award of the BSM (1st Oak Leaf Cluster) with “V” Device for heroism in the Republic of Vietnam on 29 April 1968.  The service number (SN) on this order is inconsistent with the applicant’s SN.  

5.  A copy of the same order was obtained from the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command.  The social security number (SSN) shown on this order is also inconsistent with the applicant’s SSN.  
6.  General Orders Number 5997, issued by HQ, 1st Infantry Division, dated
27 June 1968 for award of the BSM was also obtained from ADCARS.  This order was issued for meritorious achievement on 1 February 1968.  The standard name line for the applicant shows an SN that is consistent with the applicant’s and a SSN that shows an “8” in the second digit instead of a “0” which is how the applicant’s SSN is listed throughout his military records. 

7.  His record contains a copy of General Orders Number 547, issued by HQ, U.S. Army Support Command, Saigon, dated 13 June 1968.  This order shows he was awarded the Army Commendation Medal (ARCOM) for meritorious achievement in connection with military operations against a hostile force between 25 January and 12 February 1968 while assigned to the 610th Maintenance Battalion. 

8.  The applicant also provided a copy of an email transmission from a research historian at the McCormick Research Center, Cantigny First Division Foundation.  This document references General Orders Number 9508 for the BSM (1st Oak Leaf Cluster) with “V” Device for action on 29 April 1968 and five other citations belonging to Soldiers in assigned to HHB, 1st Infantry Division Artillery.

9.  He also provided copies of various articles which outlines the activities of the 1st Infantry Division during the period in question. 

10.  His record does not contain any documentation showing his attachment to HQ, 1st Infantry Division during the period in question. 

11.  On 8 August 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his Reserve service obligation.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show award of any BSMs or the PUC. 

12.  His records contain a second DD Form 214 for the period of service from
31 January 1969 through 21 September 1971.  This document shows he served two other tours of duty in Vietnam from 5 February 1969 through 4 February 1970 and from 7 March through 21 September 1971.  

13.  The applicant’s record also contains a copy of Permanent Orders 076-04, issued by Department of the Army, Review Boards Agency on 17 March 2006.  This order shows he was awarded the BSM for his period of service in Vietnam from 5 February 1969 to 4 February 1970 while assigned to Company A, 1st Battalion (Mechanized), 50th Infantry Regiment, 173rd Airborne Brigade (Separate). 
14.  On 17 March 2006, a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) was issued to the applicant.  This form shows the BSM and PUC, among various other awards were added to his 
DD Form 214 for the period ending 21 September 1971.

15.  Army Regulation 600-8-22 (Military Awards) states only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence and he has not provided sufficient evidence to show he was attached to HHB, 1st Infantry Division Artillery, at any time during his tour of duty in Vietnam from 1967 to 1968.  

2.  His records contain copies of general orders which are generally inconsistent with his SN and SSN.  Although the order for the BSM for the period 2 February to 15 February 1968 contains the same SN, it lists a different second digit for the SSN.  In addition, he was also awarded the ARCOM during the same period of service under a different unit name.  

3.  A DD Form 215 was issued to him in 2006 which added one BSM and the PUC.  

4.  In view of the foregoing, he is not entitled to the requested relief. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ___X_____  DENY APPLICATION








BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _   _X______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.


ABCMR Record of Proceedings (cont)                                         AR20110003409





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ABCMR Record of Proceedings (cont)                                         AR20110003409



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