BOARD DATE: 8 August 2018 DOCKET NUMBER: AR20170000353 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING _____x___ _____x___ _____x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 8 August 2018 DOCKET NUMBER: AR20170000353 BOARD DETERMINATION/RECOMMENDATION: 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 for correction of the records of the individual concerned. ______________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: 8 August 2018 DOCKET NUMBER: AR20170000353 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 requests award of the Medal of Honor, Silver Star, or Bronze Star Medal. 2. The applicant states he saved fellow comrades from death or serious injury in a helicopter gunship crash in Vietnam. 3. The applicant provides: * self-authored letter, dated 8 December 2015 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) CONSIDERATION OF EVIDENCE: 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 Army Board for Correction of Military Records (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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Regular Army on 30 March 1966 for a period of 3 years. He served as a helicopter repairman in Vietnam from 21 November 1966 to 23 May 1968. 3. His records contain: a. An undated letter from the Commanding Officer, Medical Holding Company, U.S. Army Hospital, Fort Jackson, South Carolina, to the Commanding Officer, 119th Army Helicopter Company, stating "It was noted that the Silver Star and Flying Cross was recommended but not awarded by your command." The letter further requested the headquarters be advised as to whether general orders were issued to the applicant. b. A letter from the Executive Officer, 119th Assault Army Helicopter Company, to the Commanding Officer, Medical Holding Company, dated 2 June 1968, stating the applicant had not been submitted for any award of valor as of that date and that information was still being accumulated concerning the event in which the applicant was involved. 4. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show the Medal of Honor, Silver Star, or Bronze Star Medal. 5. On 28 March 1969, he was honorably released from active duty. 6. His DD Form 214 does not show award of the Medal of Honor, Silver Star, or Bronze Star Medal. 7. There are no orders for the Medal of Honor, Silver Star, or Bronze Star Medal in the available records. 8. He provided a self-authored letter, dated 8 December 2015, stating: a. Between October 1967 and April 1968, he saved fellow comrades from death or serious injury in a helicopter gunship crash. During a normal running take-off, the helicopter lacked power for the take-off. It bounced up and down during take-off, it did not clear perimeter power lines, and got tangled in the power lines. He was the first to reach the burning helicopter and the last to leave with the crew chief. During the fire, 7.62 rounds were fired off after the pilots and gunner were pulled free. The crew chief could not get out because his leg was pinned under the helicopter. He jumped down, unpinned the crew chief's leg, and carried him to the perimeter trench. As soon as they reached the trench the helicopter blew up. The crew chief suffer a broken leg. b. He shared this experience with military people and civilians and they all have come to the same conclusion, he deserves the Medal of Honor, Silver Star, Bronze Star Medal, or some kind of recognition for his bravery and disregarding his own life to save another Soldier. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Medal of Honor is awarded by the President in the name of Congress to a person who, while a member of the Army, distinguishes himself or herself conspicuously by gallantry and intrepidity at the risk of his life above and beyond the call of duty while engaged in an action against an enemy of the United States. The deed performed must have been one of personal bravery or self- sacrifice so conspicuous as to clearly distinguish the individual above his or her comrades and must have involved risk of life. Incontestable proof of the performance of the service is required. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. 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. 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. 2. Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion. Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration. Based upon such review, the Secretary shall determine the merits of approving the award. 3. The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency: Commander, U.S. Army Human Resources Command, Attention: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The applicant's unit must be clearly identified along with the period of assignment and the award being recommended. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Corroborating evidence is best provided by commanders, leaders and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request. The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor. DISCUSSION: 1. The Medal of Honor, Silver Star, and the Bronze Star Medal are personal awards, and like all personal awards, require a formal recommendation, approval by the chain of command, and announcement in orders. 2. The applicant’s record is void of and he did not provide evidence to show the was formally recommended for any of the aforementioned awards, that these awards were approved through his chain of command, or that these awards were announced in official orders. 3. A recommendation by this Board to deny this requested relief will in no way affect his right to pursue his claim for these awards by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170000353 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170000353 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2