IN THE CASE OF:	  

		BOARD DATE:	  2 May 2013

		DOCKET NUMBER:  AR20120021553 


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 to be awarded two additional Bronze Star Medals (BSM) and the Presidential Unit Citation (PUC).

2.  The applicant states, in effect, that the orders awarding him the BSM and the BSM with “V” Device were awarded to him and he never received them because there were errors in the service numbers and Social Security Numbers (SSN). The Board has previously denied him those awards because of the administrative errors that occurred in typing those orders.  He goes on to state that he was attached to Headquarters and Headquarters Battery, 1st Infantry Division Artillery while serving as a member of the Phu Loi Patrol Force, which was a unit comprised of members from a variety of units that was tasked to provide security for the Phu Loi Base Camp.  He also states that administrative errors were not uncommon at the time nor are they now and are certainly not a basis to deny him awards that he earned.

3.  The applicant provides a four-page letter explaining his request, letters from his two platoon leaders verifying his entitlement to receive the awards of the BSM, a copy of an operational report, and an article from a newspaper. 

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 AR20110003409 on 13 October 2011.
2.  The applicant was inducted into the Army on 17 August 1966.  He was transferred to Vietnam on 17 October 1967 and was assigned to the 610th Maintenance Battalion for duty as a supply clerk and clerk typist.  He was awarded the Army Commendation Medal on 13 June 1968 for meritorious achievement during the period of 25 January to 12 February 1968 while on combat and reconnaissance patrols in the Phu Loi area.

3.  He departed Vietnam on 7 August 1968 and was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) on 8 August 1968 as an overseas returnee.  He had served 1 year, 11 months, and 22 days of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Army Commendation Medal, and Purple Heart.

4.  The applicant enlisted in the Regular Army on 31 January 1969 and was transferred to Vietnam on 5 February 1969.  He served in Vietnam until 
4 February 1970 when he was transferred to Fort Benning, Georgia.

5.  He was again transferred to Vietnam on 7 March 1971 and served until        21 September 1971 when he was transferred to Fort Lewis, Washington and was discharged.  His DD Form 214 issued at the time of his discharge, as amended, shows that he was awarded the National Defense Service Medal, Vietnam Service Medal with two silver service stars, Army Commendation Medal, Purple Heart, Combat Infantryman Badge, Vietnam Campaign Medal, Good Conduct Medal, Bronze Star Medal, Armed Forces Expeditionary Medal, Korea Defense Service Medal, Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation (four awards), Republic of Vietnam Gallantry Cross with Silver Star, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and his marksmanship award. 

6.  In his previous application to the Board he provided a copy of General Orders Number 5997 issued by Headquarters, 1st Infantry Division on 27 June 1968 awarding the BSM to the applicant for meritorious achievement on 1 February 1968.  The orders show the applicant was assigned to Headquarters and Headquarters Battery (HHB), 1st Infantry Division Artillery.  It also shows his service number and SSN; however, both the service number and SSN have an error of one digit.

7.  He also provides a copy of General Orders Number 9508 issued by Headquarters, 1st Infantry Division on 6 September 1968 which awarded the applicant the Bronze Star Medal with one oak leaf cluster and “V” Device for heroism on 29 April 1968 while serving as a squad leader during a night ambush in the Phu Loi area.  The orders contain errors in the service number and SSN.

8.  During the previous consideration of his request the Board denied his request to add the two awards of the BSM to his records because there was no evidence in the available records to show that he was attached to HHB, 1st Infantry Division Artillery.  The two statements provided by the applicant from his platoon leaders confirm that the platoon was attached to HHB, 1st Infantry Division Artillery.

9.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) failed to show that either HHB, 1st Infantry Division Artillery or the 601st Maintenance Battalion were awarded the PUC during the period the applicant served in Vietnam. 

10.  On 1 July 1969, the Army discontinued the issuance and use of the military service number and began using the SSN for identification.  Prior to 1 July 1969, service members were not required to maintain an SSN in their record; however, they were usually recorded when provided by the individual Soldier.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the two orders awarding the BSM to someone with the same name but containing errors in the service number and SSN is in fact him has been noted and appears to have merit.

2.  The applicant has provided third-party statements indicating that he was attached to HHB, 1st Infantry Division Artillery while assigned to the Phu Loi Patrol.  These statements are accepted as valid.

3.  Additionally, after reviewing the citations for his awards it is also highly unlikely that someone with the same name as the applicant was serving on the Phu Loi Patrol at the same time.  Therefore, it is reasonable to believe that the orders, albeit containing errors in his service number and SSN, actually are his orders and they should be added to his DD Form 214. 

4.  However, the records do not contain and the applicant has not provided evidence to show that he is entitled to an award of the PUC for his first tour in Vietnam.  Nevertheless, it is noted that his DD Form 214 for the period ending 
21 September 1971 was later amended to add one PUC.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

____x___  ____x___  ____x___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant partial amendment of the ABCMR’s decision in Docket Number AR20110003409, dated 13 October 2011.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: 

* Deleting the award of the Bronze Star Medal from his DD Form 214
* Adding the award of the Bronze Star Medal with 1 Oak Leaf Cluster and “V” Device to his DD Form 214

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding an additional award of the PUC to 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)                                         AR20120021553





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ABCMR Record of Proceedings (cont)                                         AR20120021553



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