IN THE CASE OF

		BOARD DATE:	    14 August 2014

		DOCKET NUMBER:  AR20130017803 


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 Republic of Vietnam Gallantry Cross with bronze star, the Valorous Unit Award, and a Vietnamese unit award.

2.  The applicant states that based on his military records, he should have been authorized the awards.  Since his unit only had two tracks (tracked vehicles), they were attached to a larger battalion, in this case, Battery C, 1st Battalion, 92nd Field Artillery.  Accordingly, Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) will not list some of his unit's awards.

3.  The applicant provides:

* a letter and request for assistance from a U.S. Senator
* seven pages of electronic mail
* Republic of Vietnam Gallantry Cross (Auh-Dung Boi Tinh) Certificate
* a photograph

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 AR20110014648 on 24 January 2012.

2.  The applicant provides a photograph, unit history information from the Internet, and other assorted correspondence which was not previously reviewed by the ABCMR.  Therefore, it is considered new evidence and warrants consideration by the Board.

3.  The applicant was inducted into the Army of the United States on 12 May 1970.  He served in the Republic of Vietnam from 24 September 1970 to           23 November 1971.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Report) shows he served with Battery B, 4th Battalion, 60th Artillery during his entire tour in the Republic of Vietnam.  

4.  On 24 November 1971, he was honorably released from active duty in the rank/grade of specialist four/E-4 after completing 1 year, 6 months, and 13 days of active duty service.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded or authorized the:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal
* Army Good Conduct Medal

5.  On 24 January 2012, the ABCMR directed correction of the applicant's DD Form 214 by deleting the Bronze Star Medal and Vietnam Service Medal and by adding the Bronze Star Medal with "V" Device, Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

6.  The applicant provides:

   a.  An internet history of the 1st Battalion, 92nd Field Artillery, citing General Order Number 3550, dated 22 December 1971, which awarded the Valorous Unit Award to Battery C, 1st Battalion, 92nd Artillery and its assigned and attached units:  Liaison Team, Headquarters and Headquarters Battery, 1st Battalion, 92nd Artillery, and the 120 Section, Battery B, 4th Battalion, 60th Artillery. 

   b.  A photograph of a Republic of Vietnam Gallantry Cross with bronze star, a Republic of Vietnam Gallantry Cross (Auh-Dung Boi Tinh) Certificate, and several pages of electronic mail. 

7.  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.     

8.  Army Regulation 600-8-22 (Military Awards) states the Valorous Unit Award is awarded for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963.  This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation.  Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict.  The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual.

9.  Department of the Army Pamphlet 672-3 does not show that 4th Battalion, 60th Artillery was awarded a Republic of Vietnam Gallantry Cross with bronze star, a Valorous Unit Award, or any other Vietnamese unit award while he was assigned to the unit.

10.  General Order Number 3550, issued by Headquarters, U.S. Army Vietnam on 22 December 1971, awarded the Valorous Unit Award to 120 Section, Battery B, 4th Battalion, 60th Artillery, among others.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention his DD Form 214 should be corrected to show award of the Republic of Vietnam Gallantry Cross with bronze star, Valorous Unit Award, and a Vietnamese Unit Award has been carefully reconsidered; however, there remains insufficient evidence to support his claim.

2.  The Board begins its consideration of each case with a presumption of regularity; that is, what Army records reflect is correct and the burden of proving otherwise rests with the applicant.  
3.  The applicant provided a copy of his Republic of Vietnam Gallantry Cross (Auh-Dung Boi Tinh) Certificate and a photograph of a Republic of Vietnam Gallantry Cross with bronze star, unfortunately, there is no evidence in his military records to show he was ever authorized to accept and wear this foreign award as required by the governing regulation.

4.  General orders awarded the Valorous Unit Award to 120 Section, Battery B, 4th Battalion, 60th Artillery.  Unfortunately, the applicant's record contains insufficient evidence to show he was assigned to the 120 Section, Battery B, 4th Battalion, 60th Artillery.  Therefore, in view of the foregoing, there is insufficient evidence to support the requested relief. 

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 that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20110014648, dated 24 January 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.


ABCMR Record of Proceedings (cont)                                         AR20130017803





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ABCMR Record of Proceedings (cont)                                         AR20130017803



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