IN THE CASE OF: BOARD DATE: 25 September 2014 DOCKET NUMBER: AR20140002934 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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the: * Silver Star * Bronze Star Medal with 1st Oak Leaf Cluster (OLC) and "V" Device * Army Commendation Medal with "V" Device * Army Good Conduct Medal (1st Award) 2. The applicant states, in effect, he is providing the original orders for these awards. When he returned home from the war, he put the medals away and didn't want to think about it. His grandkids asked and he figured it was time. 3. The applicant provides General Orders (GO) Numbers 1943, 3479, 4913, and 36 and a copy of his DD Form 214. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are sufficient bases to waive the statute of limitations. 2. The applicant was inducted into the Army of the United States on 5 January 1966 and served in military occupational specialty 11B (Light Weapons Infantryman). 3. Special Orders (SO) awarded him the following: * SO Number 60, issued by the U.S. Army Training Center and Fort Leonard Wood on 1 March 1966, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * SO Number 108, issued by Headquarters, Fort Polk on 25 April 1966, awarded him the Expert Marksmanship Qualification Badge with Rifle (M-16) and Machine Gun (M-60) Bars 4. He served in Vietnam from 15 June 1966 through 13 June 1967, during three campaigns, while assigned to Company A, 1st Battalion, 26th Infantry Regiment, 1st Infantry Division. 5. His records contain and he provided GO Number 1943, issued by Headquarters, 1st Infantry Division on 29 March 1967, which awarded him the Army Commendation Medal with "V" Device for heroism for participation in numerous operations to include Amarillo and Decatur in Vietnam from 13 August 1966 through 16 October 1966. The orders state: During this period, Specialist Bxxx participated in numerous operations to include Amarillo and Decatur. He repeatedly volunteered for important reconnaissance, ambush, and road clearing patrols. On one occasion, his unit engaged an element of the Viet Cong, Phu Loi Battalion, in a fierce fire fight. Specialist Bxxx ignored the hostile mortar, small arms, and automatic weapons fire to direct effective fire on the insurgent emplacements. With complete disregard for his personal safety, he courageously moved from position to position to assist in driving back the Viet Cong. When the hostile assault had subsided, Specialist Bxxx charged forward with his unit and forced the insurgent to retreat and leave behind numerous casualties and weapons. The resolution of purpose and outstanding courage demonstrated by Specialist Bxxx significantly contributed to the success of these operations and all others in which he participated. Specialist Four Bxxx's actions are in keeping with the finest traditions of the military service and reflect great credit upon himself, the 1st Infantry Division, and the United States Army. 6. His records also contain GO Number 1987 (Corrected Copy), issued by Headquarters, 1st Infantry Division, on 31 March 1967, awarding him the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force in Vietnam from 13 August 1966 through 22 November 1966. The orders state: During this period, Specialist Bxxx participated in numerous operations to include Amarillo, Decatur, and Tulsa. He repeatedly volunteered for important reconnaissance, ambush, and road clearing patrols. On one occasion, his unit engaged an element of the Viet Cong, 9th Division, in a fierce fire fight. Specialist Bxxx ignored the hostile mortar, small arms, and automatic weapons fire to direct effective fire on the insurgent emplacements. With complete disregard for his personal safety, he courageously moved from position to position to assist in driving back the Viet Cong. When the hostile assault had subsided, Specialist Bxxx charged forward with his unit and forced the insurgent to retreat and leave behind numerous casualties and weapons. During Operation Tulsa, Specialist Bxxx fought against determined insurgents in dense jungle terrain while on a search and clearing mission. Specialist Bxxx and his unit pushed deep into the Viet Cong infested jungle to locate and destroy several enemy base camps and capture large amounts of enemy war supplies. The resolution of purpose and outstanding courage demonstrated by Specialist Bxxx significantly contributed to the success of these operations and all others in which he participated. Specialist Four Bxxx's actions are in keeping with the finest traditions of the military service and reflect great credit upon himself, the 1st Infantry Division, and the United States Army. 7. His records further contain and he also provided the following GO issued by Headquarters, 1st Infantry Division: a. Number 3479, on 20 May 1967, awarding him the Bronze Star Medal with 1st OLC and "V" Device for heroism in connection with military operations against a hostile force in Vietnam on 31 March 1967. The orders state: On this date, Sergeant Bxxx was serving as a squad leader with the 1st Battalion, 26th Infantry during Operation Junction City. In the early afternoon hours, Sergeant Bxxx and his men made a heliborne assault into Landing Zone "George," deep in War Zone C, to reinforce a reconnaissance platoon which was engaged with a numerically superior Viet Cong force. Ignoring the intense hostile fire, Sergeant Bxxx place accurate bursts of fire on the insurgents until his unit joined and relieved the embattled patrol. Sergeant Bxxx then directed a suppressive volume of fire into the hostile force which enabled the reconnaissance platoon to evacuate their wounded to an adjacent landing zone. Once the withdrawal of the casualties had been effected, Sergeant Bxxx participated in a counterattack which completely routed the insurgents. The bold initiative and exemplary courage demonstrated by Sergeant Bxxx significantly contributed to the successful evacuation of the friendly casualties and the defeat of a large Viet Cong force. Sergeant Bxxx's outstanding display of aggressiveness, devotion to duty, and personal bravery is in keeping with the finest traditions of the military service and reflects great credit upon himself, the 1st Infantry Division, and the United States Army. b. Number 4913, on 3 July 1967, awarding him the Silver Star for gallantry in action against a hostile force in Vietnam on 31 March 1967. The orders state: On this date, Sergeant Bxxx was serving as a squad leader in a search and destroy mission in the dense jungle of War Zone C. Upon receiving word that a friendly unit had been engaged by a numerically superior Viet Cong force, Sergeant Bxxx's squad immediately moved to the aid of the besieged friendly force. As Sergeant Bxxx and his men came within sight of the embattled unit, they were immediately fired upon by insurgents armed with automatic weapons, rockets, and mortars. Sergeant Bxxx immediately deployed his squad and led them in an assault across several hundred meters of open ground to break through to the heavily engaged friendly unit. He then held off the numerically superior Viet Cong force with his squad's devastating fire, while the friendly unit evacuated its casualties. Sergeant Bxxx constantly exposed himself to the intense insurgent fire to direct the fire off his men as they drove the hostile force from the battlefield. Through his demonstrated courage and bold initiative, Sergeant Bxxx was directly responsible for the relief of the heavily outnumbered friendly force and the rapid evacuation of their casualties. His actions undoubtedly saved the lives of any American Soldiers. Sergeant Bxxx's unquestionable valor in close combat against numerically superior hostile forces is in keeping with the finest tradition of the military service and reflects great credit upon himself, the 1st Infantry, and the United States Army. 8. His records also contain and he further provided GO Number 36, issued by Headquarters, U.S. Army Recruiting Station, on 29 December 1967, awarding him the Army Good Conduct Medal (1st Award) for the period 5 January 1966 through 4 January 1968. 9. On 5 January 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve. He was credited with completing 2 years and 1 day of net active service. His DD Form 214 shows he was awarded or authorized the: * Bronze Star Medal * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * Combat Infantryman Badge 10. Army Regulation 600-8-22 (Military Awards) states: a. The Silver Star is awarded to a person who, while serving in any capacity with the U.S. Army, is cited for gallantry in action against an 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 armed conflict against an opposing armed force in which the United States is not a belligerent party. The required gallantry, while of a lesser degree than that required for the Distinguished Service Cross, must nevertheless have been performed with marked distinction. b. The Bronze Star Medal is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished himself or herself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy; or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. Awards may be made for acts of heroism, performed under circumstances described above, which are of lesser degree than required for the award of the Silver Star. c. The Army Commendation Medal is 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. Awards of the Army Commendation Medal may be made for acts of valor performed under circumstances described above which are of lesser degree than required for award of the Bronze Star Medal. The Army Commendation Medal may be awarded by the appropriate commander as an interim award in those cases involving heroism. d. In the order of precedence, the Silver Star is a higher award than the Bronze Star Medal. The Bronze Star Medal is a higher award than the Army Commendation Medal. e. To ensure that a deserving act, achievement, or service receives recognition, the appropriate authority may promptly award a suitable lesser military decoration pending final action on a recommendation for a higher award. When a higher award is approved, the approving authority will revoke the interim award using a separate order. The decoration will be returned by the recipient. The authority taking final action may award the decoration recommended, award a lesser decoration (or consider the interim award as adequate recognition), or in the absence of an interim award, disapprove award of any decoration. f. Revocation of an award will be announced in orders or Department of the Army (DA) GO, when award is published in DAGOs. g. In the cases of multiple "V devices for the same award, only one "V" device is worn on the service ribbons. h. A bronze service star is authorized for wear on the Vietnam Service Medal to denote participation in a named campaign. 11. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, the 1st Battalion, 26th Infantry, was cited for award of the: * Valorous Unit Award, for valorous action on 1 April 1967 by DAGO Number 37, dated 1970 * Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 12 July 1965 through 16 October 1968, by DAGO Number 21, dated 1969 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period October 1965 through 7 April 1970, by DAGO Number 53, dated 1970 DISCUSSION AND CONCLUSIONS: 1. GOs awarded him the Army Good Conduct Medal (1st Award) for his period of service from 5 January 1966 through 4 January 1968. Therefore, his DD Form 214 should be corrected to show this award. 2. He served in Vietnam during three campaigns; therefore, he is entitled to award of three bronze service stars to be added to his already-awarded Vietnam Service Medal, and correction to his DD Form 214 to show these service stars. 3. SOs awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Machinegun Bar (M-60). Therefore, his DD Form 214 should be correction to show these marksmanship badges. 4. GOs awarded the 1st Battalion, 26th Infantry Regiment, his unit of assignment in Vietnam, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period in which he was assigned. Therefore, he is entitled to correction of his DD Form 214 to show these unit awards. 5. He provided copies of GOs that awarded him the Bronze Star Medal with "V" Device and the Silver Star for the same action on the same date. By regulation, a Bronze Star Medal with "V" Device may be made for acts of heroism, performed under circumstances described above, which are of lesser degree than required for the award of the Silver Star. Notwithstanding the absence of GOs revoking his award of the Bronze Star Medal with "V" Device, it appears his command believed his actions on 31 March 1967 were more deserving of the Silver Star than the Bronze Star Medal "V" Device. As appropriate, the higher award of the Silver Star should be added to his DD Form 214. 6. He also provide copies of GOs that awarded him the Army Commendation Medal with "V" Device for the period of service 13 August 1966 through 16 October 1966. His records contain GOs that awarded him the Bronze Star Medal with "V" Device for the period of service from 13 August 1966 through 22 November 1966. The citations in the orders are basically identical; however, the GOs for the Bronze Star Medal with "V" Device includes an additional operation (Tulsa) and a longer timeframe. Notwithstanding the absence of revocation orders, it appears he was awarded an interim award of the Army Commendation Medal with "V" Device and was subsequently awarded the higher award of the Bronze Star Medal with "V" Device for the same actions to include an additional action and a longer period of time. As appropriate, the higher award of the Bronze Star Medal with "V" Device should be added to his DD Form 214. 7. In view of the foregoing, he is not entitled to correction of his DD Form 214 to show the Bronze Star Medal with OLC and "V" Device and the Army Commendation Medal with "V" Device. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____x___ ____x___ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * deleting from the applicant's DD Form 214 the Vietnam Service Medal and the Bronze Star Medal * adding to this DD Form 214 the: * Silver Star * Bronze Star Medal with "V" Device * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with three bronze service stars * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Machinegun Bar (M-60) * Valorous Unit Award * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correction of his DD Form 214 to show award of the Bronze Star Medal with 1st OLC and “V” Device and Army Commendation Medal with "V" Device and their addition to his DD Form 214. _______ _ 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) AR20140002934 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140002934 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1