ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 30 July 2019 DOCKET NUMBER: AR20180000201 APPLICANT REQUESTS: to remove the Bronze Star Medal (BSM) with “V” Device from his service records and from DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * General Order Number 3279, dated 21 June 1969 * BSM Certificate, dated 22 Jun 1969 * DD Form 214 * DD Form 215 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant request the BSM with “V” Device be removed from his service record and from his DD Form 214/215. a. He reviewed the citation and he is positive the actions described are those of his squad leader, Staff Sergeant (SSG) B.Y. It would be extremely justified for SSG B.Y. to receive this award. He knows it would be difficult to make this happen and has not seen him since they left the hospital in 1969. b. He is aware this request exceeds the three year requirement for record corrections. It was only recently when reviewing his military records after many years that he came to the conclusion that this correction was needed. He has always been clear with anyone when discussing his time in Vietnam he thought the award was a mistake. He wants to official make the record correct. As evidence, he can state he was wounded along with other when SSG B.Y. was wounded and watched as SSG B.Y. performed the actions described in the citation. 3. A review of the applicant’s service record shows: a. On 8 November 1967, he was inducted in the Army of the United States. b. DA Form 20 (Enlisted Qualification Record) shows service in Vietnam from 23 April 1968 to 16 April 1969. c. On 19 May 1969, as part of his separation, he completed SF 89 (Medical History). Block 17 (Statement of Examinee’s Present Health in Own Words) was blotted out. In item 33, the applicant states “no” when asked if he has ever had any illness or injury other than those already noted. In item 34, the applicants states he received an operation for a hernia from Sutten Memorial Hospital, Sacramento, CA when asked if he had been consulted or been treated by clinics, physicians, healers, or other practitioners within the past 5 years. d. On 19 May 1969, as part of his separation, a physician completed SF 88 (Report of Medical Examination). Blocks 35 (Upper Extremities) and 39 (Identifying Body Marks, Scars, Tattoos) were marked “abnormal”. The physician annotated on the upper extremities was a “scar, well healed, distal arm, through-and-through”. For identifying body marks, scars, tattoos, the physician annotated “no significant loss of muscle. No limitation of motion of elbow, right, no blunting of sensation over dorsum of thenar area. No evidence of forearm or hand weakness.” In block 74 (Summary of Defects and Diagnoses), it states “35., 39. Scar, without significant disability.” e. On 16 June 1969, the applicant was awarded the BSM with “V” Device for heroism in connection with military operations against an armed hostile force in the Republic of Vietnam. f. On 25 June 1969, he was honorably discharged from active duty under the provisions of AR 635-200, chapter 5 (Separation for the Convenience of the Government), section VII (Categories for Which Discharge is Authorized). His DD Form 214 shows he completed 1 year, 7 months, and 18 days of active service. It also shows that he was awarded or was authorized the: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * Combat Infantryman Badge * Purple Heart g. On 21 June 1969, Headquarters, 4th Infantry Division published General Orders Number 3279, awarding the applicant the Bronze Star Medal with V Device for heroism on 3 April 1969 in Vietnam. The citation reads: For heroism in connection with military operations against an armed hostile force in the Republic of Vietnam. [Applicant] distinguished himself while serving as a Squad Leader with Company C, 1st Battalion, 22nd Infantry, 4th Infantry Division. On 3 April 1969, [Applicant’s] unit was operating in the Cu Don Valley complex west of Kontum when they were engaged by an unknown size North Vietnamese force. [Applicant] immediately deployed his squad in positions from which they could effectively engage the enemy. As he maneuvered to various positions to encourage and instruct his men he was seriously wounded by a burst of AK-47 rifle fire. Undaunted by his wounds, [Applicant] continued to lead his men. He organized litter teams to aid in the evacuation of the wounded. When the squad was taken under heavy fire by an enemy sniper he maneuvered his men into position and eliminated him. Only after all of the other wounded had been cared for did he allow the medic to treat his own wounds. h. On 23 July 1987, DD Form 215 was issued correcting DD Form 214 with a separation day of 25 June 1969. It deleted and added the following information: * deleted – Vietnam Campaign Medal * deleted – Vietnam Service Medal * added – Bronze Star Medal with “V” Device * added – Army Commendation Medal * added – Good conduct Medal * added – Vietnam Service Medal with 4 Bronze Service Stars * added – Republic of Vietnam Campaign Ribbon with Device (1960) * added – Republic of Vietnam Gallantry Cross with Palm Unit Citation Bad * added – Republic of Vietnam Civil Actions Honor Medal * added – First Class Unit Citation Badge * added – Expert Marksmanship Qualification Badge with Automatic Rifle Bar * added – Expert Marksmanship Qualification Badge with Recoilless Rifle Bar * added – Expert Marksmanship Qualification Badge with Rifle Bar * added – Marksman Marksmanship Qualification Badge with Pistol Bar i. On 10 August 1987, Department of the Army Office of the Adjutant General issued an official statement of awards. It states the official records of the applicant show he is entitled to the following awards for his service in the Army from 8 November 1967 to 25 June 1969: * Bronze Star Medal with “V” Device * Army Commendation Medal * Purple Heart * Good Conduct Medal * National Defense Service Medal * Vietnam Service Medal with 4 Bronze Service Stars * Combat Infantryman Badge * Republic of Vietnam Campaign Ribbon with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge * Republic of Vietnam Civil Actions Honor Medal * First Class Unit Citation Badge * Expert Marksmanship Qualification Badge with Automatic Rifle, Recoilless Rifle, and Rifle Bars * Marksman Marksmanship Qualification Badge with Pistol Bar 4. There is evidence found in the applicant's military records indicating he was injured or wounded as a result of hostile action in addition to the issuance of his Purple Heart and the BSM the applicant is contesting. a. His medical records, which would have listed any injuries and treatment, are not available for review with this case. The available medical records consist of a separation physical with noteworthy information listed in paragraph 3d above. b. Item 40 (Wounds) of his DA Form 20 shows “MFW – right arm, right leg, face, on 3 April 1969.” c. His name is listed in the Vietnam casualty roster as having been wounded as a result of hostile action on 3 April 1969. d. General Orders Number 84, issued by the 71st Evacuation Hospital on 4 April 1969 awarded him the Purple Heart for wounds received in action. 5. By regulation, the BSM is awarded to any person who, while serving in any capacity in or with the Armed Forces of the United States after 6 December 1941, distinguished himself or herself by heroic or meritorious achievement or service, in connection with military operations against an armed enemy. When the BSM is awarded for valor, a bronze letter "V" (for valor) is worn on the suspension and service ribbon of that medal. 6. In reaching its determination, the Board can consider the applicant’s petition and his service record in accordance with the published equity, injustice, or clemency determination guidance. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. One potential outcome discussed was to grant the applicant’s request, based upon the statement of the applicant. However, based upon the documentary evidence in the record, the Board concluded that the applicant was properly submitted for the award and approved to receive it. For that reason and the passage of time since the incident the Board concluded to keep the award in the record of the applicant and deny his request. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : :X: GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22 (Military Awards), currently in affect, paragraph 3-16 (Bronze Star Medal (BSM)), states the BSM is awarded to any person who, while serving in any capacity in or with the Armed Forces of the United States after 6 December 1941, distinguished himself or herself by heroic or meritorious achievement or service, in connection with military operations against an armed enemy. When the BSM is awarded for valor, a bronze letter "V" (for valor) is worn on the suspension and service ribbon of that medal. ABCMR Record of Proceedings (cont) AR20180000201 2 1