IN THE CASE OF:	  

		BOARD DATE:  12 January 2012

		DOCKET NUMBER:  AR20110011927 


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 reconsideration of his request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Star Medal (BSM).

2.  He states the clerk in Vietnam mistyped his social security number (SSN) as "465-XX-XXXX" instead of "564-XX-XXXX" on the orders for award of the BSM.

3.  He provides the following:

* self-authored statement
* DD Form 214
* General Orders Number 5580, dated 15 May 1970
* BSM Certificate and Citation
* Congressional representative letter, dated 26 June 1970

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100014201 on 7 December 2010.

2.  He provides orders showing he was awarded the BSM that were not previously reviewed by the ABCMR.  Therefore, these orders warrant consideration by the Board.

3.  His records show he was inducted into the Army of the United States on 10 December 1968.  He served in Vietnam from 19 May 1969 to on or about 12 July 1970 and he was honorably released from active duty as an overseas returnee on 12 July 1970.

4.  Headquarters, 101st Airborne Division (Airmobile), General Orders Number 5580, dated 15 May 1970, show he was awarded the BSM while assigned to Headquarters and Headquarters Company (HHC), 2nd Battalion, 502nd Infantry Regiment, for meritorious service in connection with ground operations against a hostile force during the period 1 August 1969 to 31 May 1970.  The certificate and citation also show that he was awarded the BSM for the period 1 August 1969 to 31 May 1970.  However, the orders, certificate, and citation show his SSN as "465-XX-XXXX" instead of "564-XX-XXXX."

5.  His DD Form 214 shows:

* item 3 (SSN) – 564-XX-XXXX
* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) –

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal (VSM)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bars 
(M-14 and M-16)
* Army Commendation Medal
* Combat Infantryman Badge
* Air Medal

6.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he was assigned to the following units for the following periods during his tour of duty in Vietnam:

* 10 June 1969 to 14 January 1970 – Company C, 2nd Battalion (Airmobile), 502nd Infantry Regiment
* 15 January 1970 to 10 July 1970 – HHC, 2nd Battalion (Airmobile), 502nd Infantry Regiment

7.  All documents contained in his records show his SSN as "564-XX-XXXX."

8.  There is no record of courts-martial or a commander's disqualification for award of the Army Good Conduct Medal (AGCM) contained in his records.  His DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.

9.  A review of his DD Form 214 indicates he is entitled to additional awards that are not shown on this form.

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time, stated the AGCM was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 2nd Battalion, 502nd Infantry Regiment, was cited for the Valorous Unit Award for the period 25 April-25 May 1970 by Department of the Army General Orders (DAGO) Number 48, dated 1971, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968-2 May 1970 by DAGO Number 48, dated 1971.  The same pamphlet provides that DAGO Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

12.  Appendix B of Army Regulation 600-8-22 (Military Awards) states a bronze service star will be awarded for wear on the VSM for participation in each campaign.  Based on his service in Vietnam, he is credited with participation in the following campaigns:

* Tet 69 Counteroffensive 1969 (23 February 1969-8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969-31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970)
* Sanctuary Counteroffensive (1 May1970-30 June 1970)

DISCUSSION AND CONCLUSIONS:

1.  Orders awarding the applicant the BSM contain the SSN "465-XX-XXXX" instead of "564-XX-XXXX."  However, the information contained in these documents, such as name, unit of assignment, and period of the award, is consistent with the information contained in his military personnel file.  Therefore, it would be appropriate to correct the SSN shown on the orders and add the BSM to his record and DD Form 214.

2.  The evidence of record shows he received "excellent" conduct and efficiency ratings and he had no record of courts-martial and no commander's disqualification for award of the AGCM.  Therefore, he should be awarded the first award of the AGCM for the period 10 December 1968 through 12 July 1970 and his records should be corrected to show this award.

3.  The evidence shows he is entitled to wear the Valorous Unit Award, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his records to show these unit awards.

4.  The evidence also shows he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his records to show four bronze service stars for his already-awarded VSM.

BOARD VOTE:

___X____  ___X ___  ____X___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20100014201, dated 7 December 2010.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the AGCM (1st Award) for the period 10 December 1968 through 12 July 1970;

	b.  correcting his SSN to read "564-XX-XXXX" on his BSM Certificate, Citation (which may be a pen and ink correction rather than a new citation), and orders;

	c.  deleting the VSM from item 24 of his DD Form 214; and
	d.  adding the BSM, AGCM (1st Award), VSM with four bronze service stars, Valorous Unit Award, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to item 24 of his DD Form 214.



      ___________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)                                         AR20110011927



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ABCMR Record of Proceedings (cont)                                         AR20110011927



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