BOARD DATE: 10 August 2017 DOCKET NUMBER: AR20170000079 BOARD VOTE: ____x____ ___x_____ ____x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 10 August 2017 DOCKET NUMBER: AR20170000079 BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR20130002181, dated 5 September 2013. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Silver Star for his actions in the Republic of Vietnam on 18 September 1968 and adding the Silver Star 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. BOARD DATE: 10 August 2017 DOCKET NUMBER: AR20170000079 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, through his Member of Congress, requests reconsideration of the previous Army Board for Correction of Military Records (ABCMR) decision promulgated in Docket Number AR20130002181. Specifically, he requests award of the Silver Star, for actions in the Republic of Vietnam on 18 September 1968, and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award. 2. The applicant states: a. He is grateful for this reconsideration of his request for award of the Silver Star. He believes his actions in combat were gallant; his commander saw him save a Soldier under fire, while armed with only a .45 caliber pistol. b. His current health is very poor; he has Type II diabetes, tending to Type I with insulin resistance, and he uses an insulin pump daily. He has edema, peripheral neuropathy, and his doctors told him that if his condition doesn't improve quickly, he will lose both of his legs below the knee. His kidney has deteriorated and soon he will require dialysis to stay alive; there is no treatment to repair his kidneys. His eyesight is failing and his spine has lots of displacements and will require surgery before he is able to stop taking pain medication. It does no good to complain as it is all natural to die. 3. The applicant provides: * a photograph of the him in his dress uniform circa 1967-1971 * a copy of his DD Form 256A (Honorable Discharge Certificate), dated 9 October 1972 * a document titled "A Journey of Gallantry By Delta Dragon & Captain H__ M__ & Colonel W__ G__," undated * a document titled "Stolen Valor By the Department of Army Awards and Decoration & Military Board of Correction," undated * a document titled "Notes," undated * a third-party letter of support from Mr. BRS, undated * a third-party letter of support from Mr. LGG, dated 30 July 2014 * a third-party letter of support from Mr. JCW, dated 8 April 2016 * a third-party letter of support from Mr. DLR, dated 19 September 2016 * a "Notice of Health Deteriorate" (sic) from a physician at Bangkok Ratchasima Hospital, dated 26 September 2016 CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records that were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20130002181 on 5 September 2013. 2. The applicant provides several third-party letters of support that were not previously considered by the Board. These new letters constitute new evidence that now warrants consideration. 3. The applicant was inducted into the Army of the United States on 10 October 1966. Following completion of his initial entry training, he was awarded military occupational specialty 11B (Light Weapons Infantryman). 4. The applicant began his service in the Republic of Vietnam on or about 6 October 1967. He was promoted to the rank/grade of sergeant (SGT)/E-5 on 22 July 1968. His assignment history shows he was assigned to the following units during his service in Vietnam: * Company A, 1st Battalion, 52nd Infantry Regiment, 198th Infantry Brigade, from on or about 6 October 1967 through on or about 8 May 1968 * Headquarters and Headquarters Company, 1st Battalion, 20th Infantry Regiment, 11th Infantry Brigade, from on or about 9 May 1968 through on or about 18 May 1968 * Company D, 1st Battalion, 20th Infantry Regiment, 11th Infantry Brigade, from on or about 19 May 1968 through on or about 26 September 1968 5. The applicant was honorably released from active duty on 30 September 1968. His DD Form 214 shows he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60), Combat Infantryman Badge, and two overseas service bars. His DD Form 214 was later amended, by DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), to add the Purple Heart and Bronze Star Medal. 6. The Record of Proceedings in ABCMR Docket Number AR20130002181 established that: a. On 18 September 1968, the applicant's company was a part of "Champaign Grove," a brigade operation in Quang Ngai Province, South Vietnam. On that day, the applicant heroically distinguished himself by exceptionally valorous conduct in the face of the enemy of the United States. As a result of the applicant's actions that day, his commander recommended him for the Silver Star for bravery; however, for whatever reason, the recommendation was not processed due to the applicant's date to return from overseas. Many years later, his commander was asked to support the resubmission of his recommendation to correct this administrative travesty. b. On 18 September 1968, at approximately 1600 hours, two platoons of Company D, 1st Battalion, 20th Infantry Regiment came under extremely heavy automatic and small arms fire from well-concealed and dug-in enemy positions. Almost immediately, there were a number of casualties spread across the area and command and control was hampered by the rain and foggy weather. His company commander assessed the situation and determined that the only way he might recover and evacuate the numerous wounded was to assault the enemy positions using his uncommitted forces. c. Given the large number of new replacements, the assault was no easy task and was fraught with risk. Very quickly they came under heavy fire. He, the company commander, observed the applicant decisively engage the enemy, which had the effect of slowing the enemy fire for a moment as they continued forward. Shortly, they came upon Private (PVT) W__, who was wounded and exposed in the open, seeking concealment behind a small rice paddy dike. They continued the assault and made it another ten feet when heavy automatic weapons fire resumed. As they returned fire and sought cover, PVT R__ was wounded and began screaming loudly for help, lying exposed in the open to the front of them. d. The applicant immediately grabbed a jammed machine gun, cleared it, and began providing suppressing fire into the hedgerow of the enemy's positions. Seeing the danger PVT R__ was in, the applicant returned the machine gun to the gunner, directing him to fire so that he could move to protect and recover PVT R__. As he crawled out toward PVT R__, he was immediately hit and knocked down; the round knocked his helmet off his head. Recovering his helmet, the applicant crawled to PVT R__ and shielded him with his own body. He, the CPT, ordered the company to give as much covering fire as the company could muster. Now firing his .45 caliber pistol, the applicant finally dragged PVT R__ behind the small dike. A hand grenade, tossed by the applicant to PVT H__ and then into the enemy positions, ended the enemy firing. e. From that point on, having secured all wounded Soldiers and most of the dead, the company commander was able to move the company into a perimeter. Just minutes before darkness, medical evacuation choppers removed the wounded and deceased Soldiers. According to the applicant's commander, there is no question the applicant saved the life of PVT R__ that day and without question, his leadership, courage, and heroism also saved a significant number of men in Company D. As it was, ten Soldiers were killed in action and 34 Soldiers were wounded in action (including applicant) in that very intense 90-minute battle. He felt strongly enough at the time to recommend the applicant for the Silver Star and his feelings are only intensified with the passage of time. His actions were in keeping with the finest traditions of military heroism and reflect great credit upon himself, the command, and the United States Army. 7. On 9 September 2003, the Army Decorations Board convened to consider the applicant's case. The board determined that the degree of action and service rendered did not meet the strict criteria for the proposed award. Based on the board's recommendation, the Commanding General, U.S. Total Army Personnel Command, on behalf of the Secretary of the Army, disapproved the recommendation for award of the Silver Star in the applicant's case. There is no evidence indicating the Army Decorations Board or the Commanding General, U.S. Total Army Personnel Command, considered downgrading the recommendation to a lesser award such as the Bronze Star Medal with "V" Device or the Army Commendation Medal with "V" Device. 8. Over the next few years, the applicant unsuccessfully solicited the help of a myriad of officials, including the President of the United States, Secretary of Defense, Secretary of the Army, Chief of Staff, various general officers, and various Members of Congress, in awarding him the Silver Star. 9. On 5 September 2013, the Board thoroughly reviewed the relevant facts in the applicant's case and denied his request for award of the Silver Star, as documented in ABCMR Docket Number AR20130002181. 10. The applicant provides four third-party letters of support, written by fellow veterans who became aware of the applicant's actions on 18 September 1968. Based on the text of each of the four letters, it appears that none of the authors were present or witnessed the applicant's actions on the subject date. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. This regulation provides that the Silver Star is awarded for gallantry in action against the enemy. The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 2. Army Regulation 600-8-22 further provides for two awards for heroism that are lesser than the Silver Star: 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. A "V" Device is worn with the Bronze Star Medal to denote an award for heroism. b. The Army Commendation Medal may be 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. A "V" Device is worn with the Army Commendation Medal to denote an award for heroism. DISCUSSION: 1. The applicant requests award of the Silver Star for his actions in the Republic of Vietnam on 18 September 1968. It is apparent the applicant believes his actions on 18 September 1968, as supported by his former commanders and fellow veterans, justify award of the Silver Star. 2. The applicant's actions have been studied in great detail, as have the recommendations submitted by his former commanders and the letters of support submitted by fellow veterans. 3. The evidence of record shows the applicant's actions were duly considered by both the Army Decorations Board and the ABCMR in its previous consideration. As the ABCMR noted in its previous consideration, the Army Decorations Board did not recommend downgrade to a lesser award. Each respective board determined that the degree of action and service rendered did not meet the criteria for award of the Silver Star. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009799 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170000079 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2