IN THE CASE OF: BOARD DATE: 26 May 2023 DOCKET NUMBER: AR20220006950 APPLICANT REQUESTS: an upgrade to his Army Commendation Medal with V Device (ARCOM with “V” Device) to a Bronze Star Medal with V Device (BSM with “V” Device) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 June 1994. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 6 July 2022 * Self-authored Statement, 30 June 2022 * Letter from Lieutenant Colonel (LTC) (Ret), undated FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) 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 states, in effect: a. In the 1990s, he requested a correction of his records to show he received a BSM with “V” Device, an award for which he was initially recommended. The reviewing authority downgraded the award to an ARCOM with “V” Device. He believes the BSM with “V” Device was earned based on his combat experience. b. Years later the applicant attended a reunion with the unit of which he was a member at the time of the action. LTC (Ret), who was also a part of the unit, attended. The LTC was a captain at the time, and they had not had any contact since 1968. The applicant was commissioned shortly after the event and was immediately reassigned to another unit. c. LTC asked if the applicant ever received the BSM with “V” Device and he said it was downgraded to an ARCOM with “V” Device. The LTC was angry at the news and said that the applicant certainly should have earned the recommended award. He also said he had considered recommending him for the Silver Star but decided to recommend the BSM with “V” Device instead, since it would be processed more quickly. d. The LTC started the process again and contacted the applicant later to tell him the new recommendation was in process. The final submission would have been in December 2017. The deputy assistant contacted the applicant in 2017 or 2018 to fill out required forms, thinking the applicant had resubmitted the original action, but it was LTC who submitted it. He has attached the original documents with the letter he wrote. e. The applicant wants to prepare his uniform when he stands at his final roll call. 3. The applicant provides an undated letter from LTC , which states, in part: a. In 1968, he was a member of Special Forces Project Delta (Detachment B-52) and a senior advisor to one of the six companies in the 81st Airborne Ranger Battalion. This elite Vietnamese Battalion was trained and commanded by the Vietnamese Special Forces and served a Project Delta's airmobile reaction forces during the extraction of reconnaissance teams. b. His enlisted advisor, at that time, was the applicant who served an extensive period in Delta Force. He was the most qualified, gifted, motivated, and bravest Soldier he served with during two tours in Vietnam. c. During one operation, the applicant’s bravery resulted in a recommendation from him for a BSM with “V” Device. It was not until a few years ago when they reunited for the first time since serving together in Vietnam, that he learned the Awards Branch at Headquarters, 5th SFG downgraded the applicant’s award to an ARCOM with “V” Device. d. The LTC states that in July 1968, near An Loc, an area a few kilometers from the Cambodian border, one of the reconnaissance teams discovered a massive ammunition and arms cache. Their Ranger Company was inserted to provide security as the cache was hauled out by Chinooks. e. Two weeks later, the ranger company returned to the same area with a North Vietnamese (NVA) prisoner. He agreed to guide us into the concealed camp with an underground hospital and storage facilities. We moved through the thick jungle leading to an enemy minefield. The applicant) volunteered to find a path when the Vietnamese prisoner hesitated to proceed. He carefully moved through the mines. The NVA prisoner moved to his right clearly fearful about something. The applicant spotted movement and saw the movement of an AK-47 and as a burst of enemy fire went through the NVA prisoner's rucksack; applicant neutralized the enemy. He immediately drew fire from two directions. The NVA prisoner was frozen with fear. The applicant reached up and grabbed the prisoner dragging him to the ground, saving his life. He then took fire from the front and began firing at the two bunkers 20-30 feet away. He went through a dozen magazines. He ran up to a position near the bunkers firing smoke grenades and fragmentation grenades. By then, the Rangers were flooding through the area and took up an offensive line. A Vietnamese Ranger, who came up later in the engagement, was awarded a BSM with “V” Device for his actions. f. The LTC was angered to learn of the downgrade of the applicant’s award, since he fully believe he deserved the award he was originally recommended.” 4. The applicant’s service records reflects the following documents: a. His DA Form 2-1 shows the following information in item 35 (Record of Assignments): (1) On 23 January 1956, he enlisted in the Regular Army. (2) He deployed to the Republic of Vietnam from 12 June 1967 to 7 January 1969. During this period, he received a direct commission in the U.S. Army Reserve on 22 October 1968, in the Infantry Corps, where he was assigned to the 5th Special Forces Group (Airborne) (SFGA), 1st Special Forces (SF), Vietnam as an assistant ranger advisor (counterinsurgency). (3) He was assigned to Company B, 2nd Battalion, 503rd Infantry, 173rd Airborne Brigade, Vietnam from 8 July 1969 to 7 October 1970, and to the USAAGII Corps and MRUSAMACV in Vietnam from 8 October 1970 to 24 March 1971. b. General Orders Number 2257, dated 20 May 1967, shows he was awarded the BSM for meritorious service in connection with military operations against a hostile force for the period December 1964 to August 1965. c. Memorandum: Subject: Recommendation for Award, dated 4 November 1968, states, “The recommendation for the award of the BSM with “V” Device for applicant was received by the Awards and Decorations Board. It was determined that the action was distinguished and deserving of recognition; however, the standards for the award of the BSM were not fulfilled. The ARCOM with “V” Device has been awarded in lieu thereof.” d. General Orders (GO) Number 1956, issued by Headquarters (HQ), 5th SFGA, 1st SF, 2 November 1968, show he was awarded the ARCOM “V” for heroism in connection with ground operations against a hostile force in the Republic of Vietnam, on 7 September 1968. The citation reads, in part: The [applicant] distinguished himself on 7 September 1968 while serving as the senior NCO Ranger Company advisor to 5th Company, 81st ARVN Airborne Ranger Battalion. While in search of a hidden enemy complex, it was discovered that the rout of the march was mined. Disregarding his own safety, [applicant] took the lead in order to get the troops safely through the area. Shortly after moving to the front, the lead element was ambushed by an unknown size enemy force. The enemy prisoner who the unit had been using as a guide became extremely confused, terrified, and in his dumbfounded state, remained standing. Without hesitation, or concern for his own safety, [applicant] leapt from his covered position and knocked the prisoner down out of the line of fire. Subsequently, he again exposed himself in order to give hand and voice signals to the main battery in order that they might flank the enemy forces. [Applicant's] exceptional presence of mind and extraordinary courage are in keeping with the highest traditions of military service and reflect great credit upon himself, the Special Forces, and the United States Army. e. GO Number 932, dated 23 April 1970, shows he was issued a BSM (2nd OLC) for meritorious achievement for the period of 12 December 1969 to 31 March 1970. f. GO Number 2120, dated 7 August 1970, shows the applicant was issued a BSM (3rd OLC) for meritorious service for the period of August 1969 to August 1970. g. On 21 May 1975, the Commanding Officer, DFCA, forwarded the applicant's request for conversion of his award of the ARCOM with “V” Device to the BSM with “V” Device, along with a copy of the applicant's statement, a map of the action, and the copy of 5th SFGA GO Number 1956, to Headquarters, Department of the Army Military Personnel Center (MILPERCEN) for consideration. h. On 7 May 1976, the Commanding Officer, MILPERCEN responded by Memorandum, which reads, in part, The ARCOM with "V" Device was determined as the appropriate award and this headquarters is without authority to reverse that decision. By Order of the Secretary of the Army. i. His DD Form 214 shows he was honorably retired on 30 June 1994. This document shows in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the following awards: * Army Service Ribbon * National Defense Service Medal with bronze star * Overseas Service Ribbon with Numeral 4 * Army Good Conduct Medal (2nd Award) * Armed Forces Expeditionary Medal * BSM (3rd OLC) * Meritorious Service Medal (1st OLC) * Purple Heart * Defense Meritorious Service Medal * Air Medal with Numeral 5 and "V" Device * ARCOM (1st OLC) with "V" Device * Joint Meritorious Unite Award (1st OLC) * Meritorious Unit Commendation with Numeral 5 * Master Parachutist Badge * Southwest Asia Service Medal with one bronze service star * Ranger Tab * Scuba Diver Tab * Special Forces Tab * 7 Overseas Service Bars * United Nations Medal * Defense Distinguished Service Medal (1st OLC) 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. The governing regulation provides that the Bronze Star Medal is awarded in time of war for heroism and for 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. One possible outcome was to deny the requested relief based upon the approving authority’s decision to downgrade the award. However, the Board majority determined that the evidence presented is sufficient for award of the Bronze Star Medal with V Device in lieu of the Army Commendation Medal with V Device.? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 30 June 1994 by upgrading his already awarded Army Commendation Medal with V Device to a Bronze Star Medal with V Device. 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, 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 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. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Bronze Star Medal is awarded in time of war for heroism and for 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. (1) Awards may be made for acts of heroism, which are of lesser degree than required for the award of the Silver Star. (2) When the Bronze Star Medal is awarded for heroism, a bronze letter "V" (for valor) is worn on the suspension and service ribbon of that medal. (3) The Bronze Star Medal may be awarded for meritorious achievement or meritorious service to recognize single acts of merit or meritorious service. b. The Army Commendation Medal is awarded to any service 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. Award may be made to a member of the armed forces of a friendly foreign nation who, after 1 June 1962, distinguishes himself or herself by an act of heroism, extraordinary achievement, or meritorious service, which has been of mutual benefit to a friendly nation and the United States. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. c. The bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal. Although more than one award of the Army Commendation Medal, the Air Medal, or the Bronze Star Medal may be made for heroism to the same person, only one "V" device may be worn on awards of these medals. d. A bronze or silver twig of four oak leaves with three acorns on the stem, 13/32 inch long for the suspension ribbon, and 5/16 inch long for the service ribbon bar and the unit award emblem is issued to denote award of second and succeeding awards of decorations. e. Paragraph 1-16. Reconsideration or appeal of previous award recommendations. (1) A request for reconsideration or the appeal of a disapproved or downgraded award, or a request for an upgrade of a previously approved recommendation must be placed in official channels within 1 year from the date of the awarding authority’s decision. A one-time reconsideration by the award approval authority will be conclusive. However, pursuant to Title 10 USC §1130, a Member of Congress may request a review of a proposal for the award or presentation of a decoration (or the upgrading of a decoration) that is not authorized to be presented or awarded due to time limitations established by law or policy for timely submission of a recommendation. (2) Recommendations are submitted for reconsideration or appeal only if new, substantive, and material information is furnished, and the time limits specified in paragraph 1–14 do not prevent such action. Requests for reconsideration or appeal must be forwarded through the same official channels as the original recommendation. The additional justification for reconsideration or appeal must be in letter format, not to exceed two single-spaced typewritten pages. A copy of the original recommendation, with all endorsements, and the citation must be attached. If the original recommendation is not available, a reconstructed recommendation should be submitted. (3) If the reconsideration or appeal is approved and when a lesser decoration has already been approved, action is taken by the awarding authority or HRC, ADB (AHRC–PDP–A) to revoke the lesser awarded decoration. (4) Once HRC or the award approval authority has made a decision on the award reconsideration or appeal, other options for reconsideration or appeal include the ABCMR and the Inspector General. A DD Form 149 (Application for Correction of Military Record under provisions of Title 10, U.S. Code, section 1552) is required for review by the ABCMR. (5) Awards that are approved and presented for meritorious service will not be considered for an upgrade to a valorous award. 3. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The instructions stated to list awards and decorations for all periods of service. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220006950 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1