BOARD DATE:	  28 APRIL 2011

		DOCKET NUMBER:  AR20100025655 


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 award of the Vietnamese Jump Wings and the Navy Presidential Unit Citation.

2.  As a new issue, he also requests a complete DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Silver Star and the Army Commendation Medal (2nd Award).

3.  The applicant states he is enclosing a copy of his Vietnamese Jump Wings and he is working on the actual order for the Navy Presidential Unit Citation awarded to the 4th Battalion, 503rd Infantry.

4.  The applicant provides a foreign document. 

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 AR20090015172, on 23 February 2010.

2.  The applicant submitted a copy of a foreign document that he refers to as the Vietnamese Jump Wings which was not previously reviewed by the ABCMR.  Therefore, it is considered new evidence and as such warrants consideration by the Board.
 
3.  The applicant enlisted in the Regular Army on 29 October 1965 for a period of 3 years.  He held military occupational specialty 95B (Military Police).  He served in Vietnam from on or about 9 May 1966 to on or about 1 December 1966.  Records show he was assigned to Headquarters and Headquarters Company, 173rd Airborne Brigade (Separate) throughout his period of service in Vietnam.

4.  On 2 August 1968, he was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Army Good Conduct Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* four overseas service bars
* Silver Star
* Army Commendation Medal
* Combat Infantryman Badge
* Parachutist Badge

6.  On 23 February 2010, the ABCMR denied his petition for award of the Vietnamese Jump Wings and the Navy Presidential Unit Citation; however, he was granted relief with respect to additional awards.  Accordingly, he was issued a DD Form 215 (Correction to DD Form 214), dated 7 April 2010, that deleted the Vietnam Service Medal and the Parachutist Badge and added the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Presidential Unit Citation
* Meritorious Unit Commendation
* Vietnam Service Medal with Arrowhead and one silver service star
* Parachutist Badge with one bronze service star

7.  His record does not contain official orders awarding him a second award of the Army Commendation Medal.

8.  Review of the Awards and Decorations Computer-Assisted Retrieval System, 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 any orders for the Army Commendation Medal pertaining to the applicant.

9.  He submitted a foreign document titled "BANG NHAY DU LUC - LUONG DAC - BIET."  This document appears to be a certificate of attending jump school in Vietnam.  However, he did not enclose a translation of this document or an official document authorizing him to wear or display this claimed badge.

10.  Army Regulation 600-8-22 (Military Awards) provides that 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, distinguished 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.

11.  Army Regulation 600-8-22 provides for award of foreign badges.  It states, in pertinent part, that qualification and special skill badges may be accepted if awarded in recognition of meeting the criteria, as established by the foreign government concerned, for the specific award.  Only those badges that are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear.  Badges that do not meet these criteria may be authorized for acceptance but not for wear, and will not be entered in the official military records of the recipient.  

12.  Commanders (overseas and within Continental United States (CONUS)) serving in the rank of brigadier general or higher and colonel-level commanders who exercise general court-martial authority are delegated authority to approve the acceptance, retention, and permanent wear of foreign badges listed in appendix D.  This authority may be further delegated to commanders charged with custody of military personnel record files.  The burden of proof rests on the individual Soldier to produce valid justification, that is, orders, citations, or other original copies of the foreign elements that awarded them the badge.  Any foreign badges not listed in Appendix D will be forwarded to the Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDO-PA,
1600 Spearhead Division Avenue, Fort Knox, KY  40121, for approval.  

13.  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 the 4th Battalion, 503rd Infantry, was cited for award of the Navy Presidential Unit Citation for the period 7 October through
4 December 1966 by Department of the Army General Order Number 32, dated 1973.

14.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  Paragraph 2–7 (Issuing and reissuing DD Form 214) states once a DD Form 214 has been issued, do not reissue except for the following reasons:

	a.  when directed by proper appellate authority, Executive Order, or by the Secretary of the Army;

	b.  when it is determined that the original DD Form 214 cannot be properly corrected by issuance of a DD Form 215 or if the correction would require issuance of more than two DD Forms 215; or

	c.  when two DD Forms 215 have been issued and an additional correction is required.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the applicant's foreign badge, the certificate he provided is a foreign certificate.  It is not accompanied by an English translation.  Furthermore, there is no evidence in the applicant's record and he did not provide evidence that shows this foreign badge was approved by a commander serving in the rank of brigadier general or higher and/or a colonel-level commander who exercised general court-martial authority or a commander charged with the custody of military personnel record files for acceptance, retention, and permanent wear.  Therefore, there is an insufficient basis for adding this badge to his DD Form 214 in this case.

2.  With respect to the Navy Presidential Unit Citation, records show the 4th Battalion, 503rd Infantry was cited for this award during the period 7 October through 4 December 1966; however, there is no evidence that shows the applicant was assigned or attached to the cited unit during his service in Vietnam.  In the absence of such evidence he is not entitled to the Navy Presidential Unit Citation or correction of his DD Form 214 to show this unit award.

3.  With respect to the Army Commendation Medal, his record is void of any formal recommendation, approval through the chain of command, or orders that show he was awarded a second award of the Army Commendation Medal.  The governing regulation states for all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  In the absence of official orders, there is insufficient evidence to add an additional award of the Army Commendation Medal to his
DD Form 214.

4.  With respect to requesting a complete DD Form 214 to show the Silver Star and the Army Commendation Medal (2nd Award), in effect a new DD Form 214, by regulation a DD Form 214 will not be reissued except when directed by the proper authority, when it is determined that the original DD Form 214 cannot be properly corrected by issuance of a DD Form 215 or if the correction would require issuance of more than two DD Forms 215; or when two DD Forms 215 have been issued and an additional correction is required.  The DD Form 214 he was issued on 2 August 1968 already shows the Silver Star and the Army Commendation Medal of record.  There is also no basis for issuing another
DD Form 215.  Therefore, there is no basis for granting this portion of his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X_____  ____X_  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  In regard to the request for reconsideration, the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20090015172, dated 23 February 2010, in relation to the Vietnamese Jump Wings and the Navy Presidential Unit Citation.

2.  In regard to the new issue, the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned in relation to a second award of the Army Commendation Medal or issuing a new DD Form 214 to show all his awards.



      _________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)                                         AR20100025655



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100025655



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1