2.  The applicant requests that his Bronze Star Medal with V be upgraded to the Silver Star.  In personal statements he states he was recommended for the Silver Star and the company executive officer deliberately downgraded the recommendation ward to a Bronze Star with V.

3.  The military records show the applicant was inducted on 1 November 1967 and upon completion of basic airborne training he was assigned to Vietnam.  He attained pay grade E5 and after he was wounded with the 503rd Infantry (Airborne) he voluntarily extended, transferred and served with the N Company, 75th Infantry (Ranger), 173rd Airborne Brigade, until his discharge in June 1970.  In addition to the award at issue, the applicant received the Bronze Star Medal for meritorious service, two Air Medals, the Purple Heart, the Army Commendation Medal with V and oak leaf cluster and the Combat Infantryman Badge.

4.  In support of his request that the Bronze Star Medal with V Device should be upgraded to a Silver Star, he submits a letter from the Secretary of the 75th Ranger Regiment Association stating that based on their familiarity of awards of valor from the Vietnam era the applicant’s actions were deserving of the Silver Star.  Additionally letters from two former N Company commanders (now a retired lieutenant colonel and a retired colonel) and three former NCO’s who served in the company, all attest to the facts relating to Silver Star recommendations being downgraded. One of the former commanders writes that, in addition to the problem caused by the applicant’s executive officer downgrading award recommendations, as a separate brigade the 173rd Airborne was not authorized to award a Silver Star and that award recommendations sometime got downgraded or not approved because of the difficulty of pushing them through higher headquarters. One NCO, who received a Bronze Star Medal with V for action on the same day, writes that the applicant saved his life and the lives of his team and that the applicant deserved the Silver Star.

5.  Army Regulation 600-8-22 provides, in pertinent part, 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.

7.  The citation for the applicant’ Bronze Star Medal with V reads:

     For heroism in connection with ground operations against a hostile force in the Republic of Vietnam.  Sergeant [the applicant] distinguished himself by exceptionally valorous actions while engaged by an enemy force on 5 April 1970 . On this day [the applicant] volunteered to join a reaction force that was going to the aid of Radio Relay 81A who was under attack by a large size enemy force.   As the reaction force was inserted the enemy force retreated only to make another attack at 2000 hours that night.  The enemy crept to within 10 feet of the friendly position and began a small arms, grenade and satchel charge attack.  During a lull in the friendly fire and illumination [the applicant] observed an enemy soldier attempting to throw a hand grenade at a friendly position to his left, he opened fire on the enemy and killed him.  He then observed an enemy soldier attempting to infiltrate the perimeter in front of his position .  He immediately opened fire and killed this enemy.  At this time the position to his left came under renewed attack. [The applicant], leaving another man to cover his position, ran over to reinforce the perimeter.  Two enemy soldiers were attempting to throw hand grenades, but [the applicant] immediately opened fire and threw white phosphorous at them from 15 feet away.  The enemy were immediately killed. Throughout the battle [the applicant] moved through heavy small arms fire and grenades to cover different sectors of the perimeter [The applicant] exceptional heroism against a superior enemy force is in keeping with the highest traditions of the military service and reflect great credit upon himself, his unit, and the United States Army.

CONCLUSIONS:

1.  The accounts of the downgrading of awards by the company executive officer, pressure to reconsider recommendations and failure to follow up amount to a situation that was both arbitrary and capricious.  While the Board is reluctant to substitute its judgment for that of the responsible commanders at the time in an unjust situation such as this it becomes necessary.

2.  The Board considers that the applicant’s actions described in the citation warrant award of the Silver Star.

3.  In view of the foregoing, it would be appropriate to correct the applicant’s records as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Silver Star for gallantry in action on 5 April 1970 in lieu of the Bronze Star Medal with V currently held by him for that action.
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BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON