IN THE CASE OF:	  

		BOARD DATE:	  9 January 2014

		DOCKET NUMBER:  AR20130008558


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 the previous Army Board for Correction of Military Records (ABCMR) decision regarding his request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded or authorized the:

* Purple Heart
* Army Good Conduct Medal
* Presidential Unit Citation (2nd Award)
* Combat Infantryman Badge (CIB)

2.  The applicant states he earned these decorations; however, they were never listed on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* an extract of General Order Number 103, issued by Headquarters, 91st Evacuation Hospital, dated 13 November 1967
* DA Form 4980-10 (Purple Heart Certificate)
* General Orders Number 258, issued by Headquarters, 5th Infantry Division (Mechanized) and Fort Carson, Fort Carson, CO, dated               5 September 1968

* an internet printout related to named operations and participating units; specifically, the "Francis Marion" and "Mac Arthur" operations, in which the 4th Infantry Division took part, are highlighted by the applicant

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records that were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20100018929 on 24 February 2011.

2.  On 24 February 2011, the ABCMR granted the applicant's request for correction of his DD Form 214 to show he was awarded or authorized the Purple Heart, Army Good Conduct Medal, and the CIB.  Additionally, the Board authorized correction of his DD Form 214 to show he was awarded or authorized a single award of the Presidential Unit Citation.  The applicant will be mailed a copy of the corresponding DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) under separate cover.  Accordingly, this portion of his request will not be discussed further in these Proceedings.

3.  Although he provides no new evidence or argument in support of his request, the Board, when considering his original request, failed to consider his request for 2 separate awards of the Presidential Unit Citation.  Therefore, this portion of his request will now be considered.

4.  On 14 October 1966, he was inducted into the Army of the United States.    He entered active duty, completed his initial entry training, and was awarded military occupational specialty 11B (Light Weapons Infantryman).

5.  His DA Form 20 (Enlisted Qualification Record) provides the following information:

   a. Item 31 (Foreign Service) shows he served in the Republic of Vietnam from on or about 2 April 1967 through 28 March 1968.  

   b. Item 38 (Record of Assignments) shows that during his period of service in the Republic of Vietnam, he was assigned to the 3rd Battalion, 12th Infantry Regiment, 4th Infantry Division.  

   c. Item 41 (Awards and Decorations) does not show he was awarded or authorized the Presidential Unit Citation during his period of active military service.

6.  On 20 August 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 does not show he was awarded or authorized the Presidential Unit Citation; however, it does show he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal with bronze service star, and the Vietnam Campaign Medal.

7.  On 24 March 2011, a DD Form 215 amended his DD Form 214 by deleting the Vietnam Service Medal with bronze service star and the Vietnam Campaign Medal and adding the following awards:

* Purple Heart
* Army Good Conduct Medal
* Combat Infantryman Badge
* Vietnam Service Medal with 3 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Machinegun Bar (M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16)

8.  He provides an internet printout related to named operations and participating units; specifically, the "Francis Marion" and "Mac Arthur" operations, in which the 4th Infantry Division took part.  While noting the division's participation in these named operations, no mention is made of any unit awards the 4th Infantry Division (or its subordinate units) received for its participation in these operations. 

9.  Department of the Army Pamphlet (DA Pam) 672-3 (Unit Citation and Campaign Participation Credit Register) is published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  This pamphlet shows the 3rd Battalion, 12th Infantry Regiment, to which the applicant was assigned during his service in the Republic of Vietnam, was cited for the following awards:

* Presidential Unit Citation, for valor during the period 18 May through 
26 May 1967, by Department of the Army General Orders (DAGO) Number 69, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service during the period 1 October 1966 through 28 July 1969, by DAGO Number 3, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for service during the period 1 October 1966 through 31 October 1969, by DAGO Number 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show he was awarded or authorized a second Presidential Unit Citation was carefully considered.  

2.  DA Pam 672-3 is the Army's primary source for determining eligibility for unit awards during the Vietnam Conflict.  It shows the 3rd Battalion, 12th Infantry Regiment was awarded a single award of the Presidential Unit Citation during the period in which the applicant was a member.  On 24 March 2011, a DD Form 215 was created to reflect his eligibility for this award.

3.  There is no available evidence, and he has not provided any evidence, that shows the 3rd Battalion, 12th Infantry Regiment was awarded a second Presidential Unit Citation.  He provides information related to the 4th Infantry Division's service during the period in which he served in the Republic of Vietnam; however, this data does not establish entitlement to the Presidential Unit Citation.

4.  Absent clear and convincing evidence that shows his unit of assignment was authorized a second award of the Presidential Unit Citation for valor during the period in which he was assigned, there is an insufficient basis to further correct his record to show he was awarded or authorized a second Presidential Unit Citation.

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 the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20100018929, dated 24 February 2011.  




      _____________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)                                         AR20090012380



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130008558



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1