IN THE CASE OF: BOARD DATE: 21 June 2023 DOCKET NUMBER: AR20220010718 APPLICANT REQUESTS: reconsideration of his previous request for award of the Soldier's Medal. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 29 August 2022 * DA Form 1577 (Authorization for Issuance of Awards), 24 June 1988 * DD Form 215 (Correction to DD Form 214), 14 August 2004 FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AC90-10263 on 12 June 1991. 2. The applicant states, in effect: a. He believes he should have been awarded the Soldier's Medal. The Board has documentation of his award; however, his Social Security Number was wrong has been corrected twice; once in 1992 and once in 2004. b. The Soldier's Medal should be listed on his DD Form 214. 3. The applicant provided copies of: a. His DD Form 149 with a statement, outlined above. b. A DA Form 1577 issued in 1988 by Army Personnel Center (ARPERCEN) showing a listing of awards he was authorized, including the Soldier's Medal. c. A DD Form 215, 14 August 2004, showing his records were amended to show his correct SSN. 4. The applicant's records contain sufficient evidence to support additional awards not shown on his DD Form 214 for the period ending on 12 December 1969, and reissued on 27 July 2010, and will be listed in administrative notes. 5. A review of the applicant's service records shows: a. On 20 October 1966, he was inducted into the Army of the United States. b. He served in Vietnam from 10 August 1967 to 3 August 1968; he was assigned to 1st Squadron, 1st Squadron, 1st Cavalry Division; and he participated in four campaigns. c. General Orders (GO) Number 2457 issued by Headquarters (HQ), Americal Division, 11 May 1968, awarded him the Bronze Star Medal with "V" Device for heroism on 11 March 1968. d. On 7 August 1968, he was honorably released from active duty. His DD Form 214 for this period shows in: (1) Item 3 (Social Security Number) as (SSN-A). (2) Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – he was awarded or authorized: * National Defense Service Medal * Army Good Conduct Medal * Bronze Star Medal * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) e. GO Number 5302 issued by HQ, Americal Division, 8 August 1968, awarded him the Army Commendation Medal for meritorious service in Vietnam from August 1967 to August 1968. f. On 1 February 1988, he applied for correction of his records to show awards of the Purple Heart, the Soldier's Medal, and Bronze Star Medal with "V" Device. His DD Form 149 application shows his SSN as (SSN-B). g. On 2 October 1990, an advisory opinion was issued by the U.S. Army Reserve Personnel Center to the Office of the Secretary of the Army (OSA), ABCMR, in response to his request for his awards. It reads, in pertinent part: (1) Prior correspondence reveals that while applicant was serving on bunker duty (when) he was alerted to a light behind himself and turned to see the mess hall on fire. He ran to the mess hall and tried to extinguish the flames caused by a grease fire. The fire spread rapidly through the electrical wiring. He alerted the EX and WO. The XO called the fire fighters and WO returned the mess hall with the applicant. There were five bottles of acetylene gas behind the mess hall for cooking purposes, one bottle had blown the control valves and was afire spitting flames on the others. Applicant carried the burning bottle to a hill some 50 meters behind the mess hall and rolled it down the hill. He then carried the remaining four bottles to the same location. He and the WO went into the mess hall to fight the fire with a water hose. Fire was all around them and falling debris made it very hazardous. The majority of the mess hall was heavily damaged. The XO and WO both told him a short time later that they had put him in for the Soldier's Medal. It also indicates in this correspondence that the WO was injured during the same engagement as the applicant on 11 March 1968 in which he is requesting a Purple Heart. (2) After reviewing applicant's application to the Army Board for Correction of Military Records, his official military personnel file, copies of his medical records obtained from the VARO, and affidavits from the 1LT and the injured WO, the following conclusions were made. (3) There are no General Orders for 1967 or 1968 for USAV. A search of USARV orders for 1969 pertaining to a Soldier's Medal identified an order with a similar name as applicant's; however, it was determined to be for another individual since the social security number was completely different per FONECON, 11 June 1990 with officials at Personnel Command. h. On 12 June 1991, and in ABCMR Docket Number AC90-10263, the Board denied his request for award of the Soldier's Medal. i. On 20 August 1991, U.S. Army Reserve Personnel Center, corrected his records to show award of the PH. j. On 3 September 1991, the ABCMR issued him a DD Form 215, amending his DD Form 214 to show award of the PH. This form also shows SSN-A. k. On 5 May 1992, the ABCMR issued him a second DD Form 215, correcting his records and amending his DD Form 214 to show SSN-B. l. On 14 August 2004, the ABCMR (St. Louis), reissued him a third DD Form 215 m. A memorandum from U.S. Army Human Resources Command (AHRC), Awards and Decorations Branch (ADB), April 2010, shows he was authorized and sent medal sets for the following medals: * Bronze Star Medal with "V" Device * Army Commendation Medal * Vietnam Service Medal with four bronze service stars * Presidential Unit Citation * Valorous Unit Award * Republic of Vietnam Gallantry Cross Unit Citation with Palm Device n. On 27 July 2010, AHRC, ADB authorized reissuance of his DD Form 214 by St. Louis. It shows, in part in: (1) Block 3 – his SSN-B. (2) Block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized): * National Defense Service Medal * Army Good Conduct Medal * Bronze Star Medal * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal * Purple Heart * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 6. His records are void of orders awarding him the Soldier's Medal. 7. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the Soldier's Medal pertaining to the applicant. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition and available military records, the Board determined the applicant’s record is absent any orders or recommendation for award of the Soldier’s Medal. The Board agreed the applicant failed to provide substantiating evidence that supports he was or earned the Soldier’s Medal. This board is not an investigative body. The Board determined despite the absence of the applicant’s service records, they agreed the burden of proof rest on the applicant, however, he did not provide any supporting documentation and his service record has insufficient evidence to support the applicant contentions for award of the Soldier’s Medal. The Board determined relief was not warranted. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: Except for the correction addressed in Administrative Note(s) below, the Board found 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 to amend the decision of the ABCMR set forth in Docket Number AC90- 10263 on 12 June 1991. 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. ADMINISTRATIVE NOTE(S): A review of the applicant's records show his DD Form 214 reissued on 27 July 2010 should be amended to show: a. In block 13: * "V" Device for his previously issued Bronze Star Medal * Army Commendation Medal * four bronze service stars to his previously issued Vietnam Service Medal * Presidential Unit Citation * Valorous Unit Award * Republic of Vietnam Gallantry Cross Unit Citation with Palm Device b. In block 18 (Remarks), "Service in Vietnam: 10 August 1967 to 3 August 1968." REFERENCES: 1. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Soldier's Medal (SM)is awarded to any person of the Armed Forces of the United States or of a friendly foreign nation who, while serving in any capacity with the Army of the United States, including RC Soldiers not serving in a duty status, as defined in Title 10 USC § 101(d), at the time of the heroic act, who distinguished himself or herself by heroism not involving actual conflict with an enemy. (1) The minimum degree of heroism required is comparable to that of the DFC for heroism. The extraordinary act must have resulted in an accomplishment so exceptional and outstanding as to clearly set the individual apart from his or her comrades or from other persons in similar circumstances. (2) The heroism must have involved a clearly recognizable personal hazard or danger and the voluntary risk of life under conditions not involving conflict with an armed enemy. (3) Awards will not be made solely on the basis of saving a life, assisting emergency personnel, or acting as a “good Samaritan”. (4) The SM may be awarded for non-combat heroism in a combat zone or an area designated for imminent danger pay, hostile fire pay, or hazardous duty pay. * since the SM is only awarded for non-combat heroism, the “V” and “C” devices are not authorized * this determination must be made solely on the specific circumstances of the event * if the heroism to be recognized was performed under combat conditions, a decoration for valor is the appropriate award * an SM recommendation will be disapproved or downgraded to an ARCOM b. The Vietnam Service Medal was awarded to all service members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. One bronze service star is authorized with the Vietnam Service Medal for each campaign during which a member was assigned or attached to and present for duty with a unit during the period in which it participated in combat or was under orders in the combat zone and served at a normal post of duty. One silver service star is used to denote service during five campaigns. c. 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. d. 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. e. 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. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register (January 1960 – February 1986)), in effect at the time, shows 1st Squadron, 1st Cavalry Division, was awarded the: a. Presidential Unit Citation by Department of the Army General Orders (DAGO) Number 60, 1969, for the period 31 January to 31 March 1968, and b. Valorous Unit Award by DAGO Number 53, 1970, for the period 24 August to 245 September 1968. 4. Army Regulation 635-5 Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that would be furnished each individual who is separated from the Army including Active Duty Training personnel and establishes standardized procedures for the preparation and distribution of these documents. All available records would be used as a basis for the preparation of the DD Form 214, including DA Form 20, DA Form 66, and orders. a. In item 24, enter from item 21, DA Form 66 (Officer Qualification Record), or section 9, DA Form 20 (Enlisted Qualification Record) all decorations, service medals, campaign credits, and badges awarded or authorized, omitting authorities cited therein. b. In item 30 (Remarks) enter inclusive dates of service in Vietnam during current period of service. 5. Department of the Army General Orders Number 8, 19 March 1974, confirmed award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220010718 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1