ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 May 2019 DOCKET NUMBER: AR20170004481 APPLICANT REQUESTS: on behalf of his son, a deceased former service member (FSM): * upgrade of the FSM's Bronze Star Medal with "V" Device to a Silver Star * personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 2064 (Certificate of Death/Overseas) * Sergeant Major (SGM) Statement * Silver Star Narrative Summary * Congressional Letters * U.S. Army Human Resources Command (HRC) Letter * Letters of Support * Email Correspondence FACTS: 1. The applicant states: a. The FSM's former First Sergeant (1SG), currently a master sergeant, recommended him for the Silver Star. The 1SG was on the ground and witnessed the action. b. The FSM's former 1SG was unable to submit the Narrative Summary for the Silver Star at the time the Bronze Star Medal was awarded because he was in the field. c. The former 1SG stated the time between the FSM's death and interment was fast paced so the Narrative Summary for the Silver Star was late. The narrative was never considered for the Silver Star for which it was written. d. If the Narrative Summary had been available, the FSM would have been awarded the Silver Star. a. 2. The FSM enlisted in the Regular Army on 18 September 1991 and continued to serve until he was honorably discharged on 4 April 2000. He enlisted in the Regular Army again on 19 April 2000. 3. On 17 July 2006, the FSM was killed in action while deployed to Afghanistan in support of Operation Enduring Freedom. 4. On 20 July 2006, the FSM was awarded a posthumous award of the Purple Heart to for action on 17 July 2006. 5. The applicant provided a DD Form 2064, dated 21 July 2006 that shows the FSM was killed in action on 17 July 2006 by a blast and shrapnel injuries while he was deployed in Khwaya Ahmad, Afghanistan. 6. On 26 July 2006, the FSM was awarded a posthumous award of the Bronze Star Medal for meritorious service from 9 March to 17 July 2006. 7. On 19 August 2008, the FSM was awarded a posthumous award of the Bronze Star Medal with "V" Device for valorous action on 17 July 2006. The citation reads in part: For valorous action on 17 July 2006, while serving as a Squad Leader, Company B, 2nd Battalion, 4th Infantry Regiment while deployed with Coalition Joint Task Force-76 in support of Operation Enduring Freedom. He led his squad on numerous combat missions to include a quick reaction to the village of Baluchi, a company Air Assault mission onto the Cobra District Center and Chora Police Station, and a Humanitarian Assistance Mission to the village of Chenar Tu. His actions embodied the Warrior Ethos and demonstrated leadership abilities. Staff Sergeant [FSM] valiantly made the ultimate sacrifice for his country… 8. In a 10 May 2012 letter of support, a retired major requested that the FSM's Bronze Star Medal with "V" Device be upgraded to the Silver Star. He stated: a. The FSM's actions during the operation on 17 July 2006 while engaged with enemy forces in the Chora River Valley, Oruzgan Province, Afghanistan in support of Operation Enduring Freedom showed that he displayed a distinct mastery of his job as an noncommissioned officer (NCO) in the U.S. Army. b. The FSM fought with conspicuous gallantry, above and beyond that of the other Soldiers and members of his company. Because of this, he lost his life and was the only Soldier in his unit killed in action. c. The FSM's single action and personal sacrifice, where he gave his life to save the men of his company when they came under an ambush with heavy rocket-propelled grenade (RPG), recoilless rifle, mortar, and small arms fire directed at them. He a. showed that he went above and beyond that of the normal course of action to save his men and extract his unit. d. His men used his bravery, warrior ethos and selfless act as a symbolic gesture to continue and take the fight to the enemy. e. The FSM's actions eventually enabled his unit to regroup, expel the enemy and complete their mission with minimal casualties. There was one casualty and 2 other injured Soldiers. f. The FSM's actions showed that he displayed the true spirit of a Soldier/Infantryman who put his fellow comrades ahead of himself, which reflect greatly on himself, his unit, the U.S. military, and the United States of America. 9. The applicant provided a letter of support from X addressed to Colonel X. He stated: a. A proper submission for the higher award (Silver Star) was not made on behalf of the FSM. b. First Lieutenant (1LT) X's statement was the one submitted in a timely manner and that recommended the Bronze Star Medal with "V" Device. 1SG X's statement was submitted later. It was not acted upon, but it was used as a supporting document for 1LT X's request that an award be made. c. Staff Sergeant (SSG) X’s statement is in support of Mrs. X's request for an upgrade of the award. 1SG X had the right idea and knowledge of the appropriate award, but it was submitted too late in 2007. d. The FSM displayed conspicuous gallantry by his actions which were above and beyond normal actions by Soldiers in combat [emphasis] and this needs to be cited. The request for an upgrade should also refer to other recipients of the Silver Star who performed as he did. In addition, other members of the FSM's unit should be contacted to make more statements in the FSM's behalf. The statements should include that the FSM did not hesitate, but maneuvered himself and his men to the best fighting location in front of the other units which were engaged with the enemy. Even though the FSM knew that lives would be lost so that he could save as many company personnel as possible and eliminate large scale, this action cost him his own life. e. Because of the FSM's actions, his men fought on until they were beefed up and subsequently repelled the enemy from the combat area. Also, the unit was able to complete its mission and suffered minimal casualties. a. f. The FSM's actions and conduct during that combat operation are in keeping with the loyalty he owed his comrades/teammates, the high standards of an NCO/American Soldier toward his men, the U.S. Military, and the United States of America. 10. The applicant provided a letter of support from SSG X who stated: a. The FSM was an exceptional leader who exhibited qualities that inspired others to perform at their greatest measure. b. The FSM was a knowledgeable leader, a voice for his Soldiers, had an unwavering loyalty to his men, and was trusted to make difficult decisions. c. The FSM impacted the lives of everyone and motivated him to become a better leader. Also, he provided him with the essential skills needed to perform at his best and reinforced his thoughts of relationships that should be developed between leaders and their Soldiers to develop trust and respect. d. The FSM was an extraordinary Soldier and a genuine comrade who would never be forgotten. e. The friendship he developed with the FSM was immeasurable and the boundaries between his professionalism as a leader and his relationships were clearly defined. f. The FSM exhibited actions in the Chora Valley in Afghanistan that surpassed the expectations of any Soldier, thus resulting in his death. He demonstrated actions that would warrant an award of a higher caliber. 11. The applicant provided a letter of support from X who described the FSM's heroic actions on 17 July 2006 in the Chora Valley: a. His company was tasked with clearing the Chora Valley of enemy combatants. b. The FSM demonstrated his outstanding character as a leader by voicing his concern for his squad entering a possible ambush on that day. c. The FSM pushed forward as he manned the turret in the second truck in the convoy. As they moved forward, the FSM fired several rounds and began to move forward rapidly, shooting and moving towards a thick tree line that ran perpendicular to their direction of travel. He watched the FSM move forward but he could not see into the tree line that the FSM was moving toward. d. The next thing he saw was a rocket fire from no more than 20 meters from the FSM's last position, then he was gone. a. e. The FSM saw the ambush that had been setup to hit their trucks and initiated contact with the enemy. If the FSM had not moved so aggressively toward the enemy position, he believes that the ambush would have hit the lead truck as well as his truck. The ambush was the largest that they had been in contact with, as they took fire from every direction except from their true 6 o'clock position. f. The FSM's actions saved lives, including his life. Because of the FSM and the sacrifice he made, he was able to see his newborn daughter. 12. The applicant provided a letter of support from 1LT X who stated: a. On 17 July 2006, the FSM was leading a squad on a dismounted company mission to clear the Chora Valley, which was controlled by Taliban forces for over a decade. b. While traveling through a thickly vegetated area, the coalition element was ambushed by a large Taliban force occupying a mud compound on the high ground over-watching the valley. The enemy force outnumbered the coalition personnel and was equipped with RPGs, medium machineguns, and various small arms. Recognizing the precarious position of his platoon in the low ground and the dominant position of the enemy, the FSM took quick, decisive action. c. The FSM took it upon himself to lead an assault on the enemy position. With no regard for his own health or well-being, the FSM charged the position into a hail of enemy fire. In awe of his courage, the members of the FSM's squad dutifully followed. d. By charging the enemy position as opposed to remaining stagnant and getting pinned down, the FSM and his squad enabled the remainder of the platoon to maneuver to a more favorable position. e. The FSM was struck by an RPG and killed during the fight. He died in the execution of a heroic act which preserved the lives of many other U.S. Soldiers. f. The FSM led from the front and will always be remembered by the men whose lives he was responsible for saving and by those who he taught the true meaning of valor. 13. The applicant provided a letter of support from X who stated: a. He served as a team leader for 1st Squad, 2nd Platoon. During Operation Perth, their platoon was tasked to clear all buildings and the area of Taliban fighters. For their platoon movement, his team was tasked to be in the front of the formation and the 3rd Squad was located in the rear of the formation. a. b. On the third day of their movement, they could hear over the radios how the Taliban were setting up for an ambush on the Americans. At the start of the day, he was still at the front of the formation. When they returned to the trucks for a tactical pause, the FSM came up to him and asked if it would be okay if he could take the lead and give his team a break at the head of the formation. This is the same day the FSM and his team took enemy small arms and RPGs to the front of the formation. c. The FSM and his team took a direct hit from an RPG along with sustained small arms fire. The rest of the platoon took small arms fire and RPGs. d. He recalls the FSM's selfless service on 17 July 2006. He is alive today because of the FSM's sacrifice. He hopes his letter will be able to portray why the FSM should have his Bronze Star Medal upgraded to Silver Star. 14. On 1 November 2016, the Chief, Awards and Decorations Branch, HRC, informed a Member of Congress that: a. Their office was unable to take administrative action on the applicant's request to have the FSM's Bronze Star Medal with "V" Device upgraded to the Silver Star. b. On 20 July 2006, the FSM was awarded a posthumous award of the Army Commendation Medal with "V" Device in recognition of his actions on 17 July 2006. c. On 14 August 2008, the Army Decorations Board (ADB) reconsidered the Army Commendation Medal with 'V' Device for upgrade to the Silver Star and determined that the degree of action and service rendered did not meet the strict criteria for the proposed award,. However, the ADB recommended an award of the Bronze Star Medal with 'V" Device. d. The Commanding General, HRC, on behalf of the Secretary of the Army, approved award of the Bronze Star Medal with "V' Device. Army Regulation 600-8-22 (Military Awards) states that a one-time reconsideration by the award approval authority shall be conclusive. e. Since a formal determination had been made concerning this award reconsideration, this office could take no further action. f. The applicant was advised he had the right to apply to the Army Board for Correction of Military Records (ABCMR) on his son's behalf. 15. The applicant provided a statement dated 12 December 2016 from Sergeant Major CM who stated: a. He wrote the two-page narrative [for the Silver Star] on or about August 2006 depicting the FSM's actions in Afghanistan. a. b. He was in Afghanistan in support of Operation Enduring Freedom VII as a 1SG in Company B, 2nd Battalion, 4th Infantry Regiment. He was on the ground during all actions described in narrative. c. The FSM moved forward while in a near ambush under a heavy volume of fire to close with and destroy enemies of our country. d. In the narrative, he attempted to portray the imminent danger that U.S. and Coalition Forces were in during Operation Mountain Thrust. e. The initial reports of the FSM's death in combat were not accurate. 16. The applicant provided the Narrative Summary for the Silver Star Medal that reads: For gallantry in ground combat actions while under direct fire contact with a well numbered and armed enemy of the United States of America from 23 May - 17 July 2006. While serving under Coalition Joint Task Force 76 and Coalition Joint Special Operations Task Force 76 during "Operation Mountain Thrust" in the Oruzgan Province. Staff Sergeant [FSM] made the ultimate sacrifice for his unit and the United States of America. Staff Sergeant [FSM] moved forward under direct enemy machine gun and rocket propelled grenade fire and put himself on point for our Nation in support of Operation Enduring Freedom on 17 July 2006. On 21 May 2006 Bravo Company 2nd Battalion 4th Infantry moved to the Tarin Kowt District of the Oruzgan Province, in central Afghanistan. SSG [FSM] led his squad on numerous combat missions. SSG [FSM] began ground combat action in the Oruzgan Province on 23 May 2006 by leading his squad during a quick reaction mission to the village of Baluchi. This resulted in the enemy breaking contact and enabling Coalition Forces to evacuate injured U.S. and Coalition Solders from the village. These actions were accomplished over a seven hour fire fight with Anti- Coalition Forces. On 4 June 2006, SSG [FSM] again led his squad during a Company Air Assault mission onto the Chara District Center and Chara Police Station that had been overrun by Anti Coalition Forces two days prior. He did this under a heavy volume of recoilless rifle and RPG fire. SSG [FSM] once again led his squad on 8 June 2006 during a Humanitarian Assistance Mission to the Village of Chenar Tu. Under SSG [FSM]'s leadership his squad engaged and killed a heavily armed enemy element in the village of Mirabad during an enemy near ambush. These actions helped provide assistance to the people of the village and the newly elected officials in the area. On 14 July 2006, Bravo Company, 2nd Battalion, 4th Infantry, was tasked to clear a bald feature during Operation Perth. Operation Perth was a nine-day search and destroy operation occurred as part of a wider multi-national coalition operation to clear the Chora River Valley of Anti Coalition Forces. The bald feature was the location of an old Soviet bunker system. SSG [FSM] led his squad under a heavy volume of enemy recoilless rifle, rocket propelled grenade, and automatic machine gun fire to clear the bunker system. SSG [FSM] played a key role in securing the bald feature that was a piece of key terrain held by the enemy. It is estimated that the enemy fired up to 15 recoilless rifle rounds and up to 5 RPG rounds at his element and the company as we conducted clearing operations. On the morning of 16 July, 2006 Bravo Company continued to clear and was met by another enemy ambush that began with small arms fire and an estimated 10 rounds of recoilless rifle fire and rocket propelled grenade fire. SSG [FSM]'s leadership once again was solid as he continued to lead his men to accomplish the mission. The enemy broke contact and an aerial resupply of ammunition and medical supplies was conducted as well as enemy wounded fighters being evacuated. Bravo Company continued to move forward and SSG [FSM] voluntarily positioned his squad on "point" for 2nd Platoon's dismounted patrol through the Chora River Valley. As 2nd Platoon moved through the heavily vegetated orchard on the southern flank of the Chora River Valley, SSG [FSM]'s squad spotted movement in the tree line. SSG [FSM] identified the movement to be a three-man observation post. SSG [FSM]'s squad bounded forward to maneuver on the enemy positon, while the other squads provided over watch. As SSG [FSM]'s squad approached the wood line the three man enemy element attempted to break contact. SSG [FSM]'s squad immediately engaged the enemy observation post. At the same time rocket propelled grenades were fired from the wood line and enemy machine guns began to fire on 2nd Platoon. Recognizing the difficult terrain and knowing the imminent threat SSG [FSM] felt the best positon from which he could fire and maneuver his squad was toward the front. This ominous position placed Staff Sergeant [FSM] right in front of the enemy rocket propelled grenade fire. SSG [FSM] was mortally wounded as a result of his gallant move. Two other Soldiers were wounded as a result of the explosion of the rocket propelled grenade. SSG X's squad moved Staff Sergeant [FSM] and the two Soldiers that were wounded, Specialist X and Private First Class X, to the company casualty collection point. During this time frame Lieutenant X, the 2nd Platoon Leader, was describing 2nd Platoon's situation on the radio as he maneuvered his platoon. Lieutenant L called for me and our senior line medic SPC X to move forward to their positon. I left a five point contingency plan with my vehicles driver and gunner, readied Specialist X and began to move forward on foot the 150 or so meters to 2nd Platoon and Captain X's position. As I bounded forward with Specialist J we maneuvered past Captain X's gun truck; the first vehicle to be out of the near ambush about 50 meters into our movement to Lieutenant L's position. Specialist J and I made our way to about an estimated 45 meters from 2nd Platoon's location and were pinned down. At that time I o my rear back toward Captain X's gun truck, machine gun fire that appeared to run down the ridgeline at our position and I noted the M-2, 50 caliber heavy machine gun on Captain X's gun truck open fire back up the ridgeline. Captain X noticed t later told me that what I thought had been enemy machine gun fire was actually an A-10 gun run on an enemy element that had maneuvered to our flank and were climbing trees to get into a vantage point to begin direct fire on our position. Captain X also stated that he ordered his M-2, 50 caliber machine gunner to open fire on the element to our flank. The A-10 gun run and the gunner on Captain X's gun truck eliminated the enemy to our flank. Captain X also stated that the A-10 gun run was 40 meters off of Lieutenant X’s position and about 45 meters off of Specialist J's and my position. At this point a gun truck made its way out of the near ambush. The gun truck moved Staff Sergeant [FSM] out of the ambush back to the main body of the company for evacuation. During this time Captain X had requested additional close air support. Captain X came on the radio and stated that we would need to move back or break contact at least 300 meters to bring in a B-1 to deliver its ordinance onto the enemy positon. The near ambush continued with a heavy volume of direct fire and rocket propelled grenade fire exchange as elements of Bravo Company maneuvered out of the near ambush. Once out of the near ambush close air support was brought in and neutralized the enemy threat in the immediate area" SSG [FSM]'s situational awareness and aggressiveness prevented 2nd Platoon from becoming decisively engaged and allowed the company to destroy the enemy operating in the area. SSG [FSM] truly cared about his Soldiers and demonstrated selfless leadership. He aggressively made the ultimate sacrifice for our Nation. Staff Sergeant [FSM]'s selfless service to our Nation will forever influence the members of his entire Company. His actions embodied the Warrior Ethos and set the example for what a Noncommissioned Officer should be and do in the United States Army. 17. Army Regulation 600-8-22 states that the Silver Star is awarded to a person who, while serving in any capacity with the U.S. Army, is cited for gallantry in action against an enemy of the United States while engaged in military operations involving conflict with an opposing foreign force, or while serving with friendly foreign forces engaged in armed conflict against an opposing armed force in which the United States is not a belligerent party. The required gallantry, while of a lesser degree than that required for the Distinguished Service Cross, must nevertheless have been performed with marked distinction. 18. Army Regulation 15-185 (ABCMR) states an application is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. 1. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. Based upon the documentary evidence presented by the applicant and found within the military service record, the Board concluded that the actions of that specific incident in which he was mortally wounded did not meet the regulatory criteria for award of the Silver Star. 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: 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. 5/21/2019 X CHAIRPERSON Signed by: 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. Army Regulation 600-8-22, paragraph 3-11 states: a. The Silver Star is awarded to a person who, while serving in any capacity with the U.S. Army, is cited for gallantry in action against an enemy of the United States while engaged in military operations involving conflict with an opposing foreign force, or while serving with friendly foreign forces engaged in armed conflict against an opposing armed force in which the United States is not a belligerent party. The required gallantry, while of a lesser degree than that required for the Distinguished Service Cross, must nevertheless have been performed with marked distinction. b. Those individuals who, while serving in any capacity with the U.S. Army, received a citation for gallantry inaction in World War I published in orders issued by a headquarters commanded by a general officer may convert the citation to the Silver Star upon letter application to Commander, U.S. Army Human Resources Command, Awards and Decorations Branch (AHRC–PDP–A), 1600 Spearhead Division Avenue, Fort Knox, KY 40122–5408. c. The Silver Star is a valor award and will not be awarded for service. 2. Army Regulation 600-8-22, paragraph 3-15 states: a. The BSM was established by EO 9419, 4 February 1944 (superseded by EO 11046, 24 August 1962, as amended by EO 13286, 28 February 2003 and PL 111–383, Section 571 of the 2011 National Defense Authorization Act). b. The BSM is awarded to any person who, while serving in any capacity in or with the Armed Forces of the United States, or a friendly foreign nation, after 6 December 1941, distinguished himself or herself by heroic or 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. c. Awards may be made for acts of heroism, performed under circumstances described above, which are of lesser degree than required for the award of the Silver Star. d. When the BSM is awarded for heroism, a bronze letter "V" (for valor) is worn on the suspension and service ribbon of that medal. e. Awards may be made to recognize single acts of merit or meritorious service. The lesser degree than that required for the award of the Legion of Merit must nevertheless have been meritorious and accomplished with distinction. a. 3. Army Regulation 600-8-22 states the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with several awards, including the Bronze Star Medal. 4. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have the right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. /NOTHING FOLLOWS//