IN THE CASE OF:   BOARD DATE:  21 September 2021 DOCKET NUMBER:  AR20200010106 


APPLICANT REQUESTS:  reconsideration of his previous case to remove the Bronze Star Medal with "V" Device from his service records and from his 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: 

.2 DD Forms 149 (Application for Correction of Military Record)

.3-page self-authored statement

.Docket Number AR20180000201

.General Orders Number 3279, dated 21 June 1969

.General Orders Number 84, dated 4 April 1969

.Special Order T-260, dated 6 April 1969

.Citation for Posthumous Award of the Silver Star

.BSM Certificate, dated 21 June 1969



FACTS: 

1.Incorporated herein by reference are military records which were summarized in theprevious consideration of the applicant's case by the Army Board for Correction ofMilitary Records (ABCMR) in Docket Number AR20180000201 on 30 July 2019.

2.The applicant provides new evidence or argument, which warrants consideration bythe Board.

3.The applicant states, in effect:

a.He had been home for about two months when he received notice of the award.In 1969, there was little notice and almost an avoidance to recognize the contributions made by Vietnam Veterans.  He was instructed to go to the Reserve Officers' Training Corps Office at the University of California at Davis to receive the award.  He received the award, put it away, and tried to continue to assimilate back into society.  He rarely looked at it again for many years.  







b. Whenever he read the citation he questioned its accuracy and wondered if hismemory was wrong or if at least parts of it were true.  Perhaps he even wanted it to be true.  However, it was easy to put the award out of his mind because no one wanted to talk to him about his experiences in Vietnam and he did not want to talk or think about it. Being a Vietnam Veteran was not considered a good thing to be and most of them never volunteered that information if it was not necessary.  Recently, the country's attitudes toward veterans have changed and this caused him to take time to try and reconstruct the happenings of 3 April 1969.  After reading the citation, he realized the actions described are not his but those of his squad leader, Staff Sergeant (SSG)  Y_________.  Setting the record straight has become very important to him. c. On 3 April 1969, he was a member of a point squad walking at a distance in front of the company as they moved into an area of suspected North Vietnamese Army (NVA) personnel.  Their mission was to provide a gap between them and the company that would avoid a possible ambush of the company since they would be attacked first after encountering the enemy.  A short time into the start of the mission the NVA set off a command detonated explosion.  Several of them were seriously wounded and he was blown to the ground and received shrapnel wounds, one which went through his upper right arm leaving him without the use of his right hand.  He later learned that this was due to damage to the nerves controlling his wrist.  Next, they came under AK-47 small arms fire.  Their squad leader SSG Y_________ was shot through the stomach.  Although wounded he continued to direct those who were able to move to positions to return fire and he made a radio call to the company for support. d. The applicant is positive the citation erroneously names him as doing the actions performed by SSG Y_________.  Therefore, as he stated in his original request, SSG Y________ should have received the Bronze Star with "V" Device.  They were supported by members of the company who advanced to their position to join them and assisted with their eventual return to the company.  He notes that one of the Soldiers, Sergeant (SGT) H_____, was killed and received the Silver Star for his actions.  At the time, he knew SGT H_____ had been killed but was unaware of what he had done. e. The evidence supports his original statement that it was SSG Y_________ who was the squad leader and carried out the actions described in the citation for the Bronze Star Medal with "V" Device.  Due to his wounds and the blast from the explosion, he almost lost consciousness and was not able to have performed the actions described in the citation. He is not sure he would have been as courageous as SSG Y_________ and able to do what he did.  He continued to lay on the ground bleeding from his arm and was only able to shift his M-16 rifle to his good arm to prepare for an escalation of the attack. 

f.As additional evidence he notes their infantry squad was divided into an A and a Bteam and he was one of the team leaders.  SSG Y_________, who was a rank above him, was on his second tour in Vietnam.  He was an excellent and experienced infantry Soldier.  SSG Y_________ would certainly have been the squad leader described in the citation as evidenced by his superior rank and experience.  He further notes that although he knew SGT H_____ had been killed it was not until some years later that he discovered that SGT H_____ had received the Silver Star and read the citation for his award.  This made him begin to think even more about what had happened that day.  

g.The actions of SSG Y_________ and SGT H_____ make it even more importantfor him not to be included in any awards given for actions that day.  He has informed his family and close friends about that day and about the award he mistakenly received. He would greatly appreciate its removal so that at no time in the future would it ever be recognized.  He wishes there was some way to give the recognition to SSG Y_________.  He also wishes that he was able contact some the other Soldiers who were there and witnessed SSG Y_________ and others as they carried out the actions that saved their lives.  He knows that each one of them would support his case. 

4.The applicant was inducted into the Army of the United States on 8 November 1967.

5.Evidence contained on his DA Form 20 (Enlisted Qualification Report) shows heserved in the Republic of Vietnam from 23 April 1968 to 16 April 1969, as aninfantryman.  He received multiple fragment wounds to his right arm, right leg and faceon 3 April 1969, and he was awarded the Purple Heart on 4 April 1969.

6.On 19 May 1969, he underwent a physical examination for retention and/orseparation.  His Standard Form 88 (Report of Medical Examination) states, "Scar, wellhealed, distal arm, through and through.  No significant loss of muscle.  No limitation ofmotion of the elbow, right, no blunting of sensation over dorsum of thenar area.  Noevidence of forearm or hand weakness."

7.General Orders Number 3279 issued by Headquarters, 4th Infantry Division on21 June 1969, awarded the applicant the Bronze Star Medal with "V" Device for hisactions on 3 April 1969.  The reason states:  "For heroism in connection with militaryoperations against an armed hostile force in the Republic of Vietnam [the applicant]distinguished himself while serving as a Squad Leader with Company C, 1st Battalion,22nd Infantry, 4th Infantry Division.  On 3 April 1969 [the applicant's] unit was operatingin the Cu Don Valley complex west of Kontum when they were engaged by an unknownsize North Vietnamese force.  [The applicant] immediately deployed his squad inpositions from which they could effectively engage the enemy.  As he maneuvered tovarious positions to encourage and instruct his men he was seriously wounded by aburst of AK-47 rifle fire.  Undaunted by his wounds, [the applicant] continued to lead hismen.  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 [the applicant] allow the medic to treat his own wounds.  [The applicant's] personal bravery, outstanding leadership and exemplary devotion to duty are in keeping with the highest traditions of the military service and reflect great credit upon himself, his unit and the United States Army." 

8.On 25 June 1969, he was honorably released from active duty and transferred to theU.S. Army Reserve Control Group (Annual).  He completed 1 year, 7 months and 18days of net active service during this period with 11 months and 23 days of foreignservice.  The DD Form 214 he was issued shows he was awarded or authorized the:

.National Defense Service Medal

.Vietnam Campaign Medal

.Purple Heart

.Vietnam Service Medal

.Combat Infantryman Badge



9.On 23 July 1987, his DD Form 214 was corrected by DD Form 215 by deleting theVietnam Campaign Medal and Vietnam Service Medal, and adding the:

.Bronze Star Medal with "V" Device

.Army Commendation Medal

.Army Good Conduct Medal

.Vietnam Service Medal with 4 bronze service stars

.Republic of Vietnam Campaign Medal with Device (1960)

.Republic of Vietnam Gallantry Cross with Palm Unit Citation

.Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation

.Expert Marksmanship Qualification Badge with Automatic and Recoilless RifleBars

.Marksman Marksmanship Qualification Badge with Pistol Bar



10.The applicant provides:

a.General Orders Number 84 issued by Headquarters, 71st Evacuation Hospitaldated 4 April 1969, which awards him the Purple Heart for wounds received in action on 3 April 1969.  The applicant highlights SSG Y_________ as among those receiving the Purple Heart for the same incident. 

b.Special Order T-260 issued by the 26th Casualty Staging Flight dated 6 April1969, which shows the applicant and SSG Y_________ as among those being medically evacuated. 

c.Posthumous Silver Star citation for SGT H_____.  The citation does not mentionthe applicant. 

d.BSM certificate for heroism in ground combat on 3 April 1969.

11.By regulation, the Bronze Star Medal is awarded to any person who, while servingin 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, inconnection with military operations against an armed enemy. When the Bronze StarMedal is awarded for valor, a bronze letter "V" (for valor) is worn on the suspension andservice ribbon of that medal.  As with all personal decorations, formalrecommendations, approval through the chain of command, and announcement inorders are required.

12.In reaching its determination, the Board may consider the applicant's petition andhis service record in accordance with the published equity, injustice, or clemencydetermination guidance.


BOARD DISCUSSION: 

After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. Based upon a preponderance of the evidence, the Board agreed the citation notes the accomplishments of him being the squad leader. With such a short time in the military, the Board agreed the citation may have spoken to the actions of another person as the applicant contends. The Board understands the applicant’s concerns with wanting his record to be whole. For this, the Board determined there is sufficient evidence to amend the previous Board’s decision and revoke the BSM with “V” Device.   

BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

:XX :XXX :XX GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

: : : DENY APPLICATION 
BOARD DETERMINATION/RECOMMENDATION: 

The Board determined the evidence presented is sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20180000201 on 30 July 2019. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by revoking General Orders Number 3279 issued by Headquarters, 4th Infantry Division on 21 June 1969, and deleting the Bronze Star Medal with “V” Device from his DD Form 214 for the period ending 25 June 1969. 




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.Army Regulation 600-8-22 (Military Awards), states the Bronze Star Medal isawarded to any person who, while serving in any capacity in or with the Armed Forcesof the United States after 6 December 1941, distinguished himself or herself by heroicor meritorious achievement or service, in connection with military operations against anarmed enemy. When the Bronze Star Medal is awarded for valor, a bronze letter ''V'' (forvalor) is worn on the suspension and service ribbon of that medal.  As with all personaldecorations, formal recommendations, approval through the chain of command, andannouncement in orders are required.

2.Army Regulation 635-5 (Separation Documents), then in effect, states that item 24(Decorations, Medals, Badges, Commendations, Citations and Campaign RibbonsAwarded or Authorized) of the DD Form 214 will list awards and decorations for allperiods of service in the priority sequence specified in Army Regulation 600-8-22.  Eachentry will be verified by the Soldier's records.

3.Army Regulation 600-8-104 (Army Military Human Resource Records Management)prescribes the policies governing the Official Military Personnel File (OMPF), the militarypersonnel records jacket, the career management individual file, and Army personnelqualification records.  Paragraph 3-6 of this regulation states that once a document isplaced in the OMPF it becomes a permanent part of that file and will not be removed
from that file or moved to another part of the file unless directed by the proper authorities listed in the regulation.   
 
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