IN THE CASE OF: 

		BOARD DATE:    27 May 2014

		DOCKET NUMBER:  AR20130015831


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 earlier request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Presidential Unit Citation (PUC).

2.  The applicant states (as his new argument):

	a.  His records do not show he was a Field Wiremen (military occupational specialty (MOS) 36K.  He was asked to fill in as a switchboard operator for
2 to 3 weeks.  He was then assigned to work as a forward observer, and shortly thereafter he was working as a combat radio telephone operator (RTO).

	b.  During his time as an RTO he worked with several combat units ranging from all the 199th Light Infantry Brigade units, the 2nd Battalion, 3rd Infantry; 3rd Battalion, 7th Infantry; 4th Battalion, 12th Infantry; 5th Battalion, 12th Infantry; Vietnamese Marines; 101st Airborne; and others.  

	c.  During the 1968 Tet Offensive he and his forward observer (FO) were moved to several different locations to provide artillery fire support and air strikes against enemy positions.  They worked in the Saigon area and provided protection for Bien Hoa Air Force Base and Tan San Nhut Air Force Base.  He was the only RTO in Company C, 2nd Battalion, 40th Artillery from late October or early November 1967 through September 1968. 

	d.  He also received minor wounds while assigned for duty with the Vietnamese Marines and his unit was ambushed.  He was treated in the field by a Vietnamese medic and he refused to go back to the base camp for treatment.  He was put in for a Purple Heart twice by his FO's, a U.S. Marine major and a U.S. Marine captain but was turned down because he had not received treatment from a U.S. doctor or medic.  This is not in his medical records.

	e.  He doesn't know what else he can provide as evidence to support his claim for the PUC.  So much time has gone by and poor documentation was kept back then.

3.  The applicant provides a copy of a Certificate of Training, dated 6 August 1967, issued by Company B, 6th Special Forces Group (Airborne), 1st Special Forces.  The certificate states in part three that the applicant, "Has acted in the capacity of a Counterinsurgent during exercise "ORBIT WINGS 1" and has received training and become proficient in aspects of Counterinsurgency Operations to include Basic Small Unit Tactics, Patrolling, Raids and Ambushes, Airborne Operations, Basic Communications, and Survival Techniques." 

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 AR20120019586 on 30 May 2013.

2.  The applicant provides a new argument that was not previously considered by the Board.  Therefore, this new argument warrants consideration by this Board.

3.  The original Record of Proceedings states:

	a.  The applicant was inducted into the Army of the United States on 9 February 1967.  On 21 September 1968, he was honorably released from active duty.  He has completed 1 year, 7 months, and 13 days of total active duty service.  

	b.  His DA Form 20 (Enlisted Qualification Record) contains the following pertinent information:

		(1)  item 31 (Foreign Service) shows he served in the RVN from 11 September 1967 through 20 September 1968.

		(2)  Item 38 (Record of Assignments) shows that during his tour of duty in the RVN he was assigned to Battery C, 2nd Battalion, 40th Artillery Regiment, 199th Infantry Brigade as a Switchboard Operator.
		(3)  item 41 (Awards and decorations shows he was awarded the:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Valorous Unit Award

	c.  His DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960

4.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  Department of the Army General Order Number 60, dated 17 October 1969, shows in part, that only the Forward Observer Team of Battery C, 2nd Battalion, 40th Artillery Regiment was awarded the PUC for distinguishing themselves by extraordinary heroism during the period 5 to 10 May 1968, while operationally attached to Company D, 4th Battalion, 12th Infantry Regiment, 199th Infantry Brigade and engaged in military operations against a hostile force in the RVN.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD From 214 should be corrected to show award of the PUC.

2.  His new argument has been noted; however, there is no available evidence of record showing that the applicant was assigned or attached to the Forward Observer Team of Battery C, 2nd Battalion, 40th Artillery Regiment during the period 5 to 10 May 1968.  Therefore, it is not sufficient evidence to establish that the applicant is eligible for the PUC.

3.  In view of the above, the applicant's request should be denied.



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 AR20120019586, dated 30 May 2013.



      _______ _  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)                                         AR20120019901



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ABCMR Record of Proceedings (cont)                                         AR20130015831



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