BOARD DATE: 13 June 2018 DOCKET NUMBER: AR20160011012 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: 13 June 2018 DOCKET NUMBER: AR20160011012 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented was insufficient to warrant amendment of the ABCMR's decision in Docket Number AR20150010540, dated 5 April 2016. 2. As for the new issues concerning awards and decorations, the evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of the case are insufficient as a basis for correction of the individual’s DD Form 214 to show award of the Army Commendation Medal, Tet Campaign Commemorative Medal, Airborne and Air Assault Commemorative Ribbon, assault landing credit, and the Arrowhead Device. Additionally, nothing was determined to be missing from his record. _____________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: 13 June 2018 DOCKET NUMBER: AR20160011012 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 prior request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period “5 May 1965 to 26 September 1970, in Department of the Army General Orders (DAGO) 51, dated 1971” * Presidential Unit Citation 2. As a new issues, he requests correction of his DD Form 214 to show the following: * assault landing credit and the “Arrowhead [Device] for [a parachute jump near] Katum on 22 February 1967,” while serving with Headquarters and Headquarters Company (HHC) 173rd Airborne Brigade * 1960 Device for the Vietnam Campaign Medal * National Defense Service Medal * Vietnam Tet Campaign Commemorative Medal * Airborne and Air Assault Commemorative Ribbon * Army Commendation Medal 3. The applicant states there is a big gap in his Vietnam service between 13 February 1967 and 9 February 1968. 4. He also states during his tour in Vietnam he served with the 173rd Airborne Brigade. 5. The applicant provides a Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim) and an additional statement, both listing the awards being requested. He also provides a portion of the Department of the Army Pamphlet 672-3 (5 pages). 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 AR20150010540 on 5 April 2016. 2. The applicant provides new arguments concerning additional awards. Therefore, his new arguments warrant consideration by the Board. 3. The applicant enlisted in the Regular Army on 5 November 1965. His primary military occupational specialty (MOS) was 13E (Field Artillery Basic) and his secondary MOS was 13B (Field Artillery Crewman). He arrived in Vietnam on 13 February 1967 and was assigned to HHC, 1st Battalion, 503rd Infantry on 17 February 1967, he served with this unit until he departed Vietnam on 5 February in a casual leave status enroute to the United States. There is no evidence he was assigned or attached to any other unit while in Vietnam. 4. General Orders Number 681, issued by Headquarters, 173rd Airborne Brigade, dated 24 April 1967, and a jump roster/manifest pertaining to individuals participating in a parachute jump against an armed hostile force during Operation Junction City, on 22 February 1967 in the vicinity of Katum Republic of Vietnam, does not include the applicant’s name among those listed for HHC, 173rd Airborne Brigade. 5. The applicant was honorably released from active duty on 21 November 1968 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his service obligation. He completed 3 years and 17 days of total active service and 11 months and 27 days was foreign service. 6. The DD Form 214, he was issued at the time of release and a DD Form 215 (Correction to DD Form 214), issued on 19 May 2016, shows he was awarded the: * National Defense Service Medal * Vietnam Campaign Medal [properly referred to as the Republic of Vietnam Campaign Medal with Device “1960” * Vietnam Service Medal with three bronze service stars * Army Good Conduct Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Presidential Unit Citation * Meritorious Unit Commendation * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Parachutist Badge 7. The applicant’s previous case shows on page 4, in paragraph c, the Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to the applicant’s unit for the period “5 May 1965 to 26 September 1970, in DAGO 51, dated 1971,” when he was assigned to the unit. This unit award is listed on the DD Form 215 he was issued on 19 May 2016. 8. There are no orders in the applicant’s available record showing he was awarded the Army Commendation Medal and this medal is not listed on his DA Form 20 (Enlisted Qualification Record) as an authorized award. 9. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal orders pertaining to the applicant concerning the Army Commendation Medal. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces. 2. Army Regulation 600-8-22 also states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 3. Most commemorative medals are not officially recognized. Title 32, Code of Federal Regulations, Part 578 (Decorations, Medals, Ribbons, and Similar Devices) lists and discusses all official U.S. military decorations, medals, ribbons, and similar devices; commemorative medals are not listed as official. Some commemorative medals are authorized by the U.S. Congress and are minted by the U.S. Mint. However, Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prohibits the wearing of commemorative medals. In addition, award of these medals is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, they may not be shown on a discharge document. DISCUSSION: 1. The applicant enlisted in the Regular Army 5 November 1965. He arrived in Vietnam on 13 February 1967 and was assigned to HHC, 1st Battalion, 503rd Infantry on 17 February 1967. 2. The applicant’s contention that he should be granted assault landing credit and the Arrowhead Device for Katum for a parachute jump against a hostile force, on 22 February 1967, while serving with HHC 173rd Airborne Brigade could not be established. There is no evidence to indicate he was assigned or attached to HHC 173rd Airborne Brigade, as he contends, and his name does not appear on 173rd Airborne Brigade jump manifest, for 22 February 1967. This manifest was updated 19 July 2013. 3. The applicant contends there is a big gap in his Vietnam service between 13 February 1967 and 9 February 1968. He did not explain what he believes is missing and based on the available evidence, nothing was determined as missing. 4. On 21 November 1968, he was honorably released from active duty and even though he request award of the National Defense Service Medal. This medal is listed on his DD Form 214 and requires no further discussion. 5. On 19 May 2016, the applicant was issued a DD Form 215 that amended his DD Form 214 to show award of the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation Department his unit was awarded in DAGO 51, dated 1971,” for the period “5 May 1965 to 26 September 1970 * Presidential Unit Citation. * these awards require no further discussion 6. The previous Board corrected the applicant’s record to show award of the Vietnam Campaign Medal, as such no correction is required. 7. Commemorative medals are not governed by Army regulations and are not shown on separation documents. As a result the applicant’s request for the issuance of the Tet Campaign Commemorative Medal and the Airborne and Air Assault Commemorative Ribbon and correction of his DD Form 214 to show these awards is without merit. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160011012 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160011012 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2