BOARD DATE: 7 September 2017 DOCKET NUMBER: AR20160002423 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING _____x___ ___x_____ ___x_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 7 September 2017 DOCKET NUMBER: AR20160002423 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 for correction of the records of the individual concerned. _____________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. BOARD DATE: 7 September 2017 DOCKET NUMBER: AR20160002423 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 previous requests to: * promote him to the noncommissioned officer rank of either staff sergeant (SSG)/E-6 or sergeant first class (SFC)/E-7 * upgrade of his already-awarded Army Commendation Medal to the Medal of Honor 2. As a new request, he asks the Board to have the Department of Veterans Affairs (VA) call the Alabama prison system to secure his release. 3. The applicant states, he was made an E-3 (rank/grade private first class/E-3) while at Fort Polk, LA, during advanced individual training for military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman). When he came home from Vietnam, he was a specialist four (SP4)/E-4; that was wrong. a. He asserts it was wrong for him to return home as an SP4 because he stayed in combat the whole time he was in Vietnam, enemy insurgents attacked his unit, and his company was under a lot of enemy fire. His company commander was killed during combat operations. Everyone else was promoted to sergeant/E-5 or staff sergeant (SSG)/E-6. The applicant contends he deserved promotion to SSG or SFC. b. He further contends that, in Vietnam, there were unit clerk-typists, located at base camp, who prevented his fellow Soldiers (and, by implication, himself) from being promoted. They would blot out the names of Soldiers who had been promoted, and replaced them with their own names or the names of their friends. c. The applicant states he assumes the Board is aware of the existence of such practices during Vietnam. Based on this assumption, he requests the Board "secure these requests for [his] rank, the Medal of Honor, Agent Orange, and all other benefits [for] serving in [the] People's Republic of South Vietnam [from] July of 1966 to July 1967, [in] Ankhe (An Khe District), South Vietnam, [as a member of] Delta Company, 2nd and 5th Calvarly Division (sic, 2nd Battalion, 5th Cavalry Regiment), First Air Cavalry Division." d. He is now 70 years old and would greatly appreciate the Board's help. He is currently doing time in the Alabama prison system for something he did not do. He was railroaded by hearsay evidence; there was a conspiracy against him because of his Vietnam status. He contends, "They hate Vietnam Veterans here." He asks, if possible, that the VA call down to the prison and request his release from prison. He is a minister and did not do what they are accusing him of doing; he requests to be rescued. 4. The applicant provides a copy of his initial application (Army Board for Correction of Military Records (ABCMR) Docket Number AR20120018732) and associated documents, to include the Record of Proceedings (ROP) dated 14 May 2013. 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 AR20120018732 on 14 May 2013. 2. His initial petition in ABCMR Docket Number AR20120018732 shows he requested an upgrade of his already-awarded Army Commendation Medal to the Medal of Honor because, he asserted, he heroically saved the life of a fellow Soldier. a. The ROP further indicates he was advised that there was no indication he had been recommended for the Medal of Honor and that such a request exceeded the submission time limitations. By regulation, requests for the upgrade of a previously approved recommendation must be placed in official channels within 1 year from the date of the awarding authority's decision; his request was submitted well after the 1-year time limit. b. The applicant was informed he could, however, file a request under the provisions of Title 10, U.S. Code, section 1130. This provision of law permits the Secretary of the Army to review proposals for upgrading of a decoration that would be otherwise precluded from consideration due to limitations established by law or policy. c. The ROP went on to state that section 1130 required a request of this nature to be referred to the Secretary of the Army by a Member of Congress. As such, he would need to submit his request through a Member of Congress, along with supporting documentation, such as sworn affidavits, eyewitness statements, and related documents created at or near the time of the event. His member of Congress would, in turn, send his request to the U.S. Army Human Resources Command (HRC), Army Decorations Board, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. d. There is no evidence he submitted an award upgrade request through his member of Congress to HRC. Based on the foregoing, his request to upgrade his Army Commendation Medal will not be further addressed in this ROP. 3. The applicant submits new arguments not previously considered, which warrant consideration by the Board. 4. The applicant was inducted into the Army of the United States on 20 October 1965. He held MOS 11C. 5. He served in Vietnam from 23 July 1966 to 21 July 1967. While in Vietnam, he was assigned to two units: * Company D, 2nd Battalion, 5th Cavalry Regiment from 27 July 1966 to on or about 24 June 1967 * Headquarters and Headquarters Company, 2nd Brigade, 1st Cavalry Division (Airmobile) from on or about 25 June to on or about 21 July 1967 6. His available service record contains the following documents: a. DA Form 20 (Enlisted Qualification Record), item 33 (Appointments and Reductions) shows a progression of promotions from private (PVT)/E-1 to SP4, with SP4 being the highest rank held. b. Unit Orders Number 4, dated 22 January 1967, issued by the 2nd Battalion, 5th Cavalry Regiment, promoted him to the temporary (T) rank of SP4, effective 21 January 1967. c. His record is void of any documentation indicating he was either considered for or actually promoted to any rank higher than SP4. 7. He was honorably released from active duty on 22 July 1967 as an overseas returnee. His DD Form 214 shows he completed 1 year, 9 months, and 3 days of net active credit service. a. Item 5a (Grade, Rate, or Rank) – SP4 (T); item 5b (Pay Grade) – E-4; and item 6 (Date of Rank) – 21 January 1967. b. He was awarded or authorized the following: Air Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960) and the Combat Infantryman Badge. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, provided instructions for the preparation of the DD Form 214. It stated that items 5a, 5b, and 6 were to list the rank, pay grade, and effective date of pay grade for the current pay grade. DISCUSSION: 1. The evidence of record shows the applicant was progressively promoted from PVT/E-1 to SP4/E-4. His DD Form 214 confirms his rank at separation was SP4. Neither his record, nor the applicant offer any evidence he either was considered for or held any rank higher than SP4. 2. With regard to his request to have the VA contact the Alabama prison system, the VA is a completely separate department within the Federal government and it is outside the purview of the ABCMR to act on such a request. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002423 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002423 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2