BOARD DATE: 8 August 2018 DOCKET NUMBER: AR20170000036 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: 8 August 2018 DOCKET NUMBER: AR20170000036 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 Army Board for Correction of Military Records set forth in Docket Number AR20120008072, dated 8 November 2012. _____________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. IN BOARD DATE: 8 August 2018 DOCKET NUMBER: AR20170000036 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 to correct his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * Vietnam Combat Wounded Award (correctly known as the Purple Heart) * Republic of Vietnam Gallantry Cross with Silver Star * Army Commendation Medal * two Presidential Unit Citations 2. The applicant states when he was in combat his commander told him he was recommended for the above-mentioned awards including the Bronze Star Medal for valor. He feels cheated and wronged by his commander who never submitted his awards. He only received the Combat Infantryman Badge and dress greens. He earned these awards and would like to leave them for his family. He doesn't have time on his side since he has diabetes type II and Agent Orange. 3. The applicant provides no additional evidence. 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 AR20120008072 on 8 November 2012. 2. The applicant's contentions are new evidence that were not previously considered by the Board and warrant consideration at this time. 3. The applicant enlisted in the Regular Army on 27 September 1967 for a period of 3 years. He served in Vietnam from 7 February 1969 to 1 May 1970. 4. His DA Form 20 (Enlisted Qualification Record) shows: * he was assigned to Company A, 523rd Signal Battalion, in Vietnam from 18 February 1969 to 14 November 1969 * he was assigned to Headquarters and Headquarters Troop, 1st Squadron, 1st Cavalry, in Vietnam from 16 November 1969 to 25 April 1970 5. On 1 May 1970, he was honorably released from active duty. 6. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge * Army Commendation Medal * two Overseas Service Bars 7. Since his DD Form 214 shows award of the Army Commendation Medal, this portion of his request will not be discussed further in these proceedings. 8. There is no evidence showing he was awarded a personal decoration of the Republic of Vietnam Gallantry Cross with Silver Star. His records do not contain a citation from the foreign government, a translation of the citation, or a letter authorizing him to receive and wear the decoration. 9. On 8 November 2012, the ABCMR denied his request to correct his DD Form 214 to show his rank as sergeant or award of the Bronze Star Medal with "V" Device; Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Grenade Launcher (M-79), Pistol (.45 Caliber), or Tank Weapons Bars; and Tank Crew Qualification Course Distinguished Award. The Board granted partial relief and issued a DD Form 215 (Correction to DD Form 214) on 16 January 2013 amending his DD Form 214 to show: * Bronze Star Medal * Purple Heart * Vietnam Service Medal with four bronze service stars * Marksman Marksmanship Qualification Badge with Grenade Launder (M-79) Bar * Republic of Vietnam Gallantry Cross with Palm Unit Citation 10. Since his DD Form 214 was corrected to show award of the Purple Heart, this portion of his request will not be discussed further in these proceedings. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action. A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 2. U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) stated the Republic of Vietnam Gallantry Cross as a personal decoration was awarded to personnel who conducted themselves with heroic action and displayed deeds of valor while fighting the enemy. The more gallant and noteworthy the act, the higher the level of the award. This decoration was awarded in four degrees: with Palm, with Gold Star, with Silver Star, and with Bronze Star. Approval to accept and to wear a personal award of the Republic of Vietnam Gallantry Cross required approval by the Commanding General of United States Army, Vietnam. As with all foreign awards, each recipient of an approved foreign award was provided a copy of the original citation from the foreign government, a translation of the citation if necessary, and a letter authorizing the recipient to receive and wear the decoration. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows: a. The 523rd Signal Battalion was not awarded the Presidential Unit Citation while he was assigned to it. b. Headquarters and Headquarters Troop, 1st Squadron, 1st Cavalry, was not awarded the Presidential Unit Citation while he was assigned to it. DISCUSSION: 1. Although the applicant contends he was awarded a personal award of the Republic of Vietnam Gallantry Cross with Silver Star, there is no evidence and he provided no evidence to support this contention. Approval to accept and to wear a personal award of the Republic of Vietnam Gallantry Cross required approval by the Commanding General of United States Army, Vietnam. His records do not contain a citation from the foreign government, a translation of the citation, or a letter authorizing him to receive and wear the decoration. 2. His request to add two awards of the Presidential Unit Citation to his DD Form 214 was noted. Department of the Army Pamphlet 672-3 shows his Vietnam units (523rd Signal Battalion and Headquarters and Headquarters Troop, 1st Squadron, 1st Cavalry) were not awarded the Presidential Unit Citation while he was assigned to them. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170000036 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170000036 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2