2.  The applicant requests upgrade of his Army Commendation Medal (ARCOM) with “V” device to a Bronze Star Medal (BSM) with “V” device.

3.  The applicant’s military records show he was born on 5 October 1948.  He was inducted into the Army on 12 May 1969.  He arrived in Vietnam as a private first class on 15 October 1969 where he served as a light weapons infantryman.

4.  The applicant was awarded the ARCOM with “V” device for heroism while engaged with enemy forces on 12 December 1969.  Briefly, his company was in its night defensive position when it came under an enemy sapper attack and sustained several casualties.  Although wounded in the initial exchange of fire, the applicant exposed himself to the hostile fusillade and engaged the insurgent positions.  He maneuvered on the enemy and continued to place heavy fire on them until they were repelled.  He then assisted the other wounded personnel onto the evacuation helicopters.

5.  The applicant’s wound was caused by a mortar fragment penetrating his skull and entering his brain.  By the time he was evacuated, he was comatose.  During his initial surgery, bone chips plus a 3cm portion of his brain had to be removed.  While still hospitalized in Vietnam, he developed a blood clot in his left leg.  Still later, he contracted malaria.

6.  On 27 December 1969, the applicant was evacuated to Japan.
On an unknown date, he was evacuated to Fitzsimons General Hospital.  From there he was placed on the disability retired list on 29 July 1970 with a 100 per cent disability rating.  

7.  Army Regulation 600-8-22 provides Department of the Army policy, criteria and administrative instructions concerning individual military decorations awarded in recognition of accomplishments.  In pertinent part, it provides that the decision to award an individual a decoration and the decision as to which award is appropriate are both subjective decisions made by the commander having award approval authority.  The award should reflect the individual’s level of responsibility and his or her manner of performance.  The degree to which an individual’s achievement or service enhanced the readiness or effectiveness of his or her organization will be the predominant factor.

8.  Seven individual decorations are authorized to recognize heroism during combat.  In order of precedence, they are the Medal of Honor, the Distinguished Service Cross, the Silver Star, the Distinguished Flying Cross, the Bronze Star Medal, the Air Medal and the Army Commendation Medal.  (The Distinguished Flying Cross and the Air Medal are for heroism while participating in aerial flight.)
9.  The BSM with “V” device is awarded to any person who distinguishes himself by act(s) of heroism, not involving participation in aerial flight, in connection with military operations against an armed enemy.  The ARCOM with “V” device is awarded to any member of the Armed Forces who distinguishes himself by act(s) of heroism).

10.  In the processing of this case, an advisory opinion was obtained from the Military Awards Branch, Total Army Personnel Command (PERSCOM).  That office noted that the applicant’s award of the ARCOM with “V” device was approved by Headquarters, Americal Division.  His chain of command had the option of recommending him for either the ARCOM with “V” device or the BSM with “V” device; however, the decision was made that the award of the ARCOM with “V” device was the proper award.  The Fiscal Year 1996 National Defense Authorization Act (FY96 NDAA) authorizes the submission and processing of any award recommendation that has since exceeded the two year time constraint for submission or recommendation for upgrade of an approved award, when referred by a member of Congress.  It is the individual’s responsibility to provide corroborating evidence from commanders, leaders and fellow comrades who had personal knowledge of the circumstances and events relative to the request.  The request will then be considered by the Secretary of the Army only if it has been referred from a Member of Congress.

CONCLUSIONS:

1.  As a private first class light weapons infantryman, the applicant would have been expected to engage the insurgent positions, maneuver on the enemy soldiers and place heavy fire on them until they were repelled.  The fact that in doing so he exposed himself to the enemy’s hostile fusillade with complete disregard for personal safety would have well-earned him the ARCOM with “V” device, the lowest-in-precedence award for heroism.

2.  However, as a private first class the applicant would not have been expected to disregard his own welfare to care for others first, such as a wounded company commander or squad leader might be expected to do.  Yet that is what the applicant did.  With what almost turned out to be a mortal head wound, the applicant bravely continued to engage the enemy, clearly at the risk of his own life.  After the enemy was repelled, the applicant again disregarded his own welfare to assist the other wounded personnel onto the evacuation helicopters first.  By time he was evacuated, he himself was comatose with a mortar fragment in his brain.  He eventually recovered from the wound, but at the cost of a 100 percent disability retirement and the need for the VA to provide the benefit of a specially adapted home.
3.  The Board cannot know what was in the recommending or the approving officials’ minds when the ARCOM with “V” device was recommended and/or approved.  However, considering the gravity of the applicant’s wound while performing the noted heroic acts, the award of this lowest-precedence heroism decoration appears to be an injustice.

4.  It would also be unjust to expect this applicant, who is 100 percent disabled from this wound, to attempt to gather all the corroborating evidence required under the FY96 NDAA.

5.  The applicant’s DD Form 214 current does not even show he was awarded the ARCOM with “V” device.

6.  In view of the foregoing and notwithstanding the advisory opinion, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by:

     a.  awarding the Bronze Star with “V” device to the individual concerned in recognition of his heroic actions on 12 December 1969 in Vietnam in lieu of the ARCOM with “V” device he had been awarded; and

     b.  by correcting his records to show he was awarded the Vietnam Service Medal with 2 bronze service stars, the Army Good Conduct Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION

                                                                         
    CHAIRPERSON