IN THE CASE OF:	 

		BOARD DATE:	    26 January 2012

		DOCKET NUMBER:  AR20110023678 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

In Army Board for Correction of Military Records (ABCMR) Proceedings, Docket Number AR2002076629, dated 16 January 2003, the applicant submitted documentation pertaining to his military service for the period 29 June 1968 to
24 June 1970 that related to his service in the Republic of Vietnam.

   a.  He submitted the following documents:

    	(1)  A DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) showing, in pertinent part, award of the "Silver Star Medal, 4 Purple Hearts, 3 Bronze Star V Device;”

	 	(2)  DA Form 4980-2 (Distinguished Service Cross Certificate), dated
14 October 1969, and Headquarters, United States Army Vietnam (USARV), General Order (GO) Number 9580, dated 14 October 1969, announcing award of the Distinguished Service Cross for actions on 19 May 1969 during which he was also wounded; and

	 	(3)  Headquarters, 9th Infantry Division, GO Number 5293, dated 12 June 1969, announcing award of the Silver Star Medal for actions on 23 March 1969 during which he was also wounded.

	b.  Based on the applicant's submissions:

	 	(1)  permanent orders and award certificates were issued awarding the applicant two additional awards of the Purple Heart for wounds sustained on 
23 March 1969 and 19 May 1969; and

	 	(2)  the following awards were added to item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his 24 June 1970 DD Form 214:


* Distinguished Service Cross
* Bronze Star Medal with "V" Device (2nd Oak Leaf Cluster)
* Purple Heart (4th Oak Leaf Cluster)
* Army Commendation Medal with "V" Device (1st Oak Leaf Cluster)
* Good Conduct Medal (1st Award)
* Vietnam Service Medal with 3 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar


CONSIDERATION OF ADDITIONAL EVIDENCE:

10.  On 21 November 2011, new information was received from the United States Department of Justice, Eastern District of Pennsylvania, Philadelphia, Pennsylvania, in regard to the decision of the ABCMR Proceedings in Docket Number AR2002076629, dated 16 January 2003.

11.  The evidence submitted consists of United States of America v. [Applicant] (in above referenced ABCMR Docket Number), Criminal Docket Number 11-373.

	a.  The applicant was charged with knowingly and willfully making materially false, fictitious, and fraudulent statements and representations to United States Senator Arlen Specter's office by submitting fraudulent United States Army general orders and award certificates indicating that he had been awarded the Distinguished Service Cross, Silver Star medal, and two Purple Heart medals, all in an attempt to upgrade the fraudulent Silver Star Medal to the Congressional Medal of Honor.

	b.  The applicant waived indictment by a grand jury and, as part of the plea agreement, agreed and stipulated that the Distinguished Service Cross, Silver Star, and two Purple Heart medals were wrongly added to his official military records by the ABCMR based on the applicant's submission of fraudulent military documentation.  The applicant also agreed not to contest any proceedings by the United States Army, Department of Defense, or any other appropriate governmental agency to have the Board delete all entries pertaining to such medals from his official military records.

12.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of GOs issued during the Vietnam-era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, was conducted.  It revealed that:

	a.  with respect to the applicant's claim to the Distinguished Service Cross  the review shows: 

    	(1)  Headquarters, USARV, published GO Numbers 3839 through 3878 on 14 October 1969 [emphasis added]; and

    	(2)  Headquarters, USARV, GO Number 4518 [emphasis added], dated
27 December 1969, was the last USARV GO found filed in ADCARS for calendar year 1969;

	b.  with respect to the applicant's claim to the Silver Star, the review shows:

    	(1)  Headquarters, 9th Infantry Division, GO Number 5293, dated 5 May 1969 [emphasis added], awarded Specialist Four Larry M----- the Army Commendation Medal for meritorious achievement from September 1968 to January 1969; and 

    	(2)  Headquarters, 9th Infantry Division, published GO Numbers 6650 through 6694 on 12 June 1969 [emphasis added];

	c.  Headquarters, 9th Infantry Division:

* GO Number 2608, dated 6 March 1969, awarded the applicant the Purple Heart for wounds received in action on 25 February 1969
* GO Number 3105, dated 16 March 1969, as amended by GO Number 7247, dated 23 June 1969, awarded the applicant the Purple Heart	 (1st Oak Leaf Cluster) for wounds received in action on 15 March 1969
* GO Number 7423, dated 25 June 1969, awarded the applicant the Purple Heart	 [2nd Oak Leaf Cluster] for wounds received in action on 19 June 1969
* GO Number 5809, dated 21 May 1969, awarded the applicant two awards of the Bronze Star Medal with "V" Device (1st Oak Leaf Cluster) for heroism on 10 March 1969 and 4 April 1969
* GO Number 8219, dated 2 July 1969, awarded the applicant the Bronze Star Medal (2nd Oak Leaf Cluster) for meritorious service from April to June 1969
* GO Number 4681, dated 18 April 1969, awarded the applicant the Army Commendation Medal with "V" Device for heroism on 1 March 1969
* GO Number 4686, dated 18 April 1969, awarded the applicant the Army Commendation Medal with "V" Device (1st Oak Leaf Cluster) for heroism on 23 March 1969

	d.  Headquarters, 9th Infantry Division, GO Number 5800, dated 21 May 1969 [Air Medal] could not be located in ADCARS.

13.  Title 18, U.S. Code, section 1001 (Statements or entries generally), provides in subparagraph a, "[e]xcept as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully:  (1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact; (2) makes any materially false, fictitious, or fraudulent statement or representation; or (3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; shall be fined under this title or imprisoned not more than 5 years.  (Other aspects of a maximum penalty for violation of the false statement statute include a $250,000 fine, up to 3 years of supervised release, and a $100 special assessment.)
 
14.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  Chapter 1 (Introduction), paragraph 1–30 (Revocation of personal decorations and suspension of authority to wear), provides that once an award has been presented, it may be revoked by the awarding authority if facts subsequently determined would have prevented original approval of the award had they been known at the time.  Presentation of a decoration is the physical act of pinning or clipping the medal on a Soldier's chest or handing the Soldier the medal, certificate or orders.  The decision to revoke an award may not be delegated by the awarding authority.  In making the decision, the awarding authority will consider a statement of concurrence or non-concurrence (with comments) from the individual concerned.

15.  Title 10, U.S. Code, section 1552 (Correction of military records: claims incident thereto), the statute pursuant to which this Board operates, provides in subparagraph (a)(4), "Except when procured by fraud, a correction under this section is final and conclusive on all officers of the United States."

ADDITIONAL DISCUSSION AND CONCLUSIONS:

1.  The ABCMR's decision in Docket Number AR2002076629 relied upon fraudulent documentation submitted by the applicant.

2.  The evidence of record shows that Headquarters, USARV, GO Number 4518, dated 27 December 1969 [emphasis added], was the last USARV GO found filed in ADCARS for calendar year 1969.  Thus, Headquarters, USARV, GO Number 9580, dated 14 October 1969 [emphasis added], that the applicant submitted as evidence of award of the Distinguished Service Cross and of having been wounded in action on 19 May 1969 is out of ordinal sequence (which calls into question its authenticity) and, by the applicant's own admission, it is a fraudulent document.

3.  The evidence of record shows that Headquarters, 9th Infantry Division,
GO Number 5293, dated 5 May 1969 [emphasis added], awarded Specialist Four Larry M----- the Army Commendation Medal for meritorious achievement.  Thus, Headquarters, 9th Infantry Division, GO Number 5293, dated 12 June 1969 [emphasis added], that the applicant submitted as evidence of award of the Silver Star Medal and of having been wounded in action on 23 March 1969 is clearly a fraudulent document.  In addition, the applicant admits it is a fraudulent document.

4.  A thorough review of the evidence of record in its entirety confirms the following individual awards and decorations were awarded to the applicant and promulgated in official military orders or documents:

* Bronze Star Medal with "V" Device (2nd Oak Leaf Cluster) (3 Awards)
* Purple Heart (2nd Oak Leaf Cluster) (3 Awards)
* Air Medal
* Army Commendation with "V" Device (1st Oak Leaf Cluster) (2 Awards)
* Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal with 3 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation Badge
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar

5.  Therefore, based on the evidence of record in this case, and the above cited authorities, the applicant's records should be corrected as recommended below.



BOARD VOTE:

___X____  ___X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant amendment of the decision of the Army Board for Correction of Military Records set forth in Docket Number AR2002076629, dated 16 January 2003, by:

	a.  declaring invalid the representation of Headquarters, United States Army Vietnam, General Orders Number 9580, dated 14 October 1969, and the
DA Form 4980-2, dated 14 October 1969, that fraudulently represent award of the Distinguished Service Cross to the applicant;

	b.  declaring invalid the representation of Headquarters, 9th Infantry Division, General Orders Number 5293, dated 12 June 1969, that fraudulently represents award of the Silver Star to the applicant;

	c. 	revoking U.S. Total Army Personnel Command, Alexandria, Virginia, Permanent Order 83-12, paragraphs 1 and 2, dated 24 March 2003, and declaring void the two DA Forms 4980-10 (Purple Heart Certificates), issued
9 May 2003, pertaining to two awards of the Purple Heart to the applicant; 

	d.  declaring invalid the representation of the DD Form 214 covering the period 29 June 1968 through 24 June 1970, submitted by the applicant to the ABCMR on 8 July 2002, that fraudulently represents in item 24:  "Silver Star Medal, 4 Purple Hearts, 3 Bronze Star V Device";

	e.  voiding the DD Form 215 (Correction to DD Form 214), dated
15 September 2003, that erroneously corrected his 24 June 1970 DD Form 214; and


	f.  correcting the applicant's 24 June 1970 DD Form 214 by:

	 	(1)  deleting all of the entries in item 24; and

	 	(2)  adding to item 24 the following awards:

* Bronze Star Medal with "V" Device (2nd Oak Leaf Cluster)
* Purple Heart (2nd Oak Leaf Cluster)
* Air Medal
* Army Commendation Medal with "V" Device (1st Oak Leaf Cluster)
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal with 3 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation Badge
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar

2.  As a result of the Board's decision, following completion of the administrative corrections directed herein, all documents related to ABCMR Docket Number AR2002076629, including the voided DD Form 215 (dated15 September 2003), will be returned to the ABCMR for permanent filing.  Only this ABCMR Record of Proceedings and the newly-issued DD Form 215 will be filed in the individual's military service records [emphasis added].




      __________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)                                         AR20110023678



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ABCMR Record of Proceedings (cont)                                         AR20110023678






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ABCMR Supplemental Record of Proceedings (cont)                 AR20110023678



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