ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 2 May 2019 DOCKET NUMBER: AR20170006825 APPLICANT REQUESTS: an upgrade of his Silver Star to a Medal of Honor. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Applicant Completed DA Form 638 (Recommendation for Award) * Letter of Support from XXX * Letter of Justification * Narrative Page * Citation Page * Eye Witness Account from XXX * Letter of Support from XX * Map and Coordinates * Letter of Support from XXX * News Article * Letter of Support from XXX with Attachments * Letter from National Personnel Records Center * Letter of Support from XXX to Secretary Fanning * Response Letter from XXX * Army Award Decoration Board Denial Letter FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states that he was awarded the Silver Star on 20 September 1970 for action in Vietnam on 21 July 1970, but that the narrative awarding him the Silver Star has errors. He states that while the basic facts are accurate, his acts of bravery and heroism while under intense fire were omitted and that the narrative is deficient. He has tried to obtain an upgrade to a Medal of Honor in the past, but has failed. The original DA Form 638 (Recommendation for Award) that accompanied his Silver Star is missing 1. from his military documents. He says he was told that he was put in for the Medal of Honor at the time, and assumed that someone downgraded the award. 3. The applicant provides: a. A completed DA Form 638 dated 2 December 2016 recommending the Medal of Honor. The form is signed by Lieutenant Colonel (LTC) X___. b. A letter of support from Mr. X__ that states that he assisted in preparing the documentation required to submit a request for an award upgrade. He spent over 9 years in the U.S. Air Force as a flight surgeon and hopes that the Army can finally recognize a living hero. c. A Letter of Justification for the Medal of Honor Award to Mr. X_, which states that the Silver Star citation that the applicant received did not discuss the environment of the mission, the intense enemy fire, the horribly wounded, and more. It states that his resolve and conspicuous gallantry saved 26 lives. He states that he did not discuss the five trip mission often because of the trauma of recollection. After leaving the Army, he graduated from medical school and became an anesthesiologist. d. A narrative page that describes the rescue missions east of Fire Support Base (FSB) Ripcord on 21 July 1970. It states that there had been numerous reports of increased enemy activity near FSB Ripcord and FSB Riley in July 1970. Aircraft Commander, Lieutenant (LT) X and his volunteer crew of four had flown numerous flights in the area. They received a call for an urgent evacuation mission about 20 kilometers southwest of Camp Evans, and scrambled their unarmed helicopter and flew to the coordinates on the side of a mountain to pick up trapped and wounded soldiers. On the last and fifth fight, the radio operator on the ground recommended that they "abort" because of the intense action. They lifted off just as an enemy soldier sprayed, from just several meters away, the cockpit with automatic fire. The co-pilot suffered a huge wound to his arm. The medic standing behind him was wounded in the liver and rapidly bled to death atop a pile of the rescued. LT X was able to complete his mission and return his disabled aircraft and crew to Camp Evans having rescued a total of 26 men. e. A proposed Citation for the Medal of Honor, which states, in addition to the story above, that the mission was impossible without great intrepidity and conspicuous gallantry, which was far above and beyond the call of duty. f. An eye witness account from Chief Warrant Officer Two (CW2) X that recounts the story above. He added that every time they lifted off they were taking multiple hits from both small arms and mortar fragments. They planned to continue until all wounded were evacuated or they were shot down. LT X ’s skill, and courage that day reflects greatly upon himself our crew our unit and the U.S. Army. LT X___ demonstrated great courage, resolve and gallantry in this recovery mission. a. g. A letter of support from Mr. X____ , that states that he was one of the troops that the applicant saved during a horrific battle where they saw many of their friends die in combat. h. A map and coordinates with approximate location of the rescue mission. i. A letter of support from Brigadier General (Retired) X____ with an enclosed narrative that tells the story written above. In addition, he wrote that the applicant is truly a person of humility, integrity, and selflessness. j. A news article written by Colonel (COL) X that describes the applicant’s rescue mission. k. A letter of support from Mr. X____ , the applicant’s commander, to Senator X___ recounting the rescue mission, stating that he sent a DA Form 638 up his chain of command recommending the applicant for the Medal of Honor, and that he does not know why the application for that award was downgraded. l. A news article written by COL X____ that describes the applicant’s rescue mission. m. A letter from the National Personnel Records Center stating that the applicant’s DA Form 638 was not found in his record. n. A SA) requesting that the applicant be awarded the Medal of Honor. o. A response to Mr. X ’s letter to the SA from LTC X____, Chief of the Awards and Decorations Branch, describing the procedural requirements to upgrade an award or decoration. p. A letter from LTC X___, Chief of the Awards and Decorations Branch, stating that the application will not be forwarded to the Army Decorations Board because there was no new, substantive, and material provided. 4. A review of the applicant’s service records shows the following: a. The applicant served in an enlisted status from 15 September 1966 to 23 July 1968. He was appointed as a Reserve commissioned officer of the Army and executed an oath of office on 23 July 1968. He entered into active duty on 16 March 1969. b. He served in Vietnam from 20 February 1970 to 19 February 1971. He served as an evacuation pilot with the Headquarters and Headquarters Squadron (HHS), 320th Medical Battalion, 101st Airborne Division. c. General Orders (GO) Number 11427, issued on 20 September 1970, awarded him the Silver Star for gallantry in action on 21 July 1970. The citation reads: a. For gallantry in action in the Republic of Vietnam on 21 July 1970. [Applicant] distinguished himself while serving as aircraft commander on an unarmed medical evacuation helicopter during an extraction mission southwest of Camp Evans, Republic of Vietnam. Receiving a call to evacuate medical personnel [Applicant] flew to the contact area. Despite receiving intense enemy fire, he descended into a landing zone that was surrounded by hostile forces. Subjecting himself repeatedly to the hostile fire, [Applicant] successfully extracted 26 patients from the landing zone on five separate missions before his aircraft was disabled by enemy fire. [Applicant]’s personal bravery and devotion to duty were in keeping with the highest traditions of the military service and reflect great credit upon himself, his unit, and the U.S. Army. d. GO Number 13751, issued on 17 November 1970, awarded him the Distinguished Flying Cross for heroism in action on 31 October 1970. The citation reads: For heroism while participating in aerial flight evidenced by voluntary action above and beyond the call of duty in the Republic of Vietnam on 31 October 1970. [Applicant] distinguished himself while serving as aircraft commander of a UH-1H medical evacuation helicopter during an extraction mission at Eagle Beach, Republic of Vietnam. After a fire broke out, injuring several men, [Applicant]’s helicopter was requested to assist in the extraction of the casualties. Despite high winds, darkness, torrential rains, and a low ceiling, [Applicant] guided his aircraft into the area with the aid only of illumination flares and searchlights from the ground. Coordinating with the ground units, [Applicant] piloted his aircraft onto the landing zone and successfully evacuated the wounded men to the nearest medical facility. [Applicant]’s personal bravery and devotion to duty were in keeping with the highest traditions of the military service and reflect great credit upon himself, his unit, the U.S. Army. e. He was honorably released from active duty on 15 June 1973 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining service obligations. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he completed 4 years, 5 months, and 8 days of active service. It also shows he was awarded or authorized: * Silver Star Medal * Distinguished Flying Cross * Bronze Star Medal * Army Commendation Medal * Civil Action Medal First Class * Vietnam Service Medal * Vietnam Campaign Medal * Air Medal (2nd through 18th Award) * * Army Aviator Badge * National Defense Service Medal 5. By regulation, 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. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon the documentary evidence provided by the applicant and found within the military service record, the Board found insufficient evidence of an error or injustice which would warrant making a change to the level of award already awarded to the applicant. For that reason, the Board recommended denying the applicant’s request for relief. 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. 845 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. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 600-8-22 (Military Awards) provides for the following 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. The President of the United States is the approval authority for the Medal of Honor. The Secretary of the Army may approve award of the Distinguished Service Cross in lieu of the Medal of Honor when the Secretary of the Army determines the evidence does not support the higher award. b. The Distinguished Service Cross is awarded to a person, who while serving in any capacity with the Army, distinguishes himself or herself by extraordinary heroism while engaged in action against an enemy of the United States not justifying award of the Medal of Honor. The act or acts of heroism must have been so notable and have involved risk of life so extraordinary as to set the individual apart from his or her comrades. The Secretary of the Army is the approval authority for the Distinguished Service Cross. c. The Distinguished Flying Cross is awarded to any person who, while serving in any capacity with the Army, distinguishes himself or herself by heroism or extraordinary achievement while participating in aerial flight. The performance of the act of heroism must be evidenced by voluntary action above and beyond the call of duty. The extraordinary achievement 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. d. 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. a. 3. Army Regulation 600-8-22 also states in paragraph 1-14, except for award recommendations submitted in accordance with the provisions of Section 1130, Title 10, United States Code (10 USC 1130), which is outlined below, each recommendation for an award of a military decoration must be entered administratively into military channels within 2 years of the act, achievement, or service to be honored. An award recommendation will be considered to have been submitted into military channels when it has been signed by the initiating officer and endorsed by a higher official in the chain of command. However, pursuant to 10 USC 1130, a Member of Congress can request consideration of a proposal for the award or presentation of decoration (or the upgrading of a decoration), either for an individual or unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy. Based upon such review, the Secretary of the Army will make a determination as to the merit of approving the award or presentation of the decoration and other determinations necessary to comply with congressional reporting requirements under 10 USC 1130. 4. Title 10 USC 1130 allows the Service Secretary concerned to review a proposal for the award of, or upgrading of, a decoration that is otherwise precluded from consideration by limitations established by law or policy. A request for an award (or upgrade of an award) under 10 USC 1130 requires submission of a completed DA Form 638 (Recommendation for Award); a narrative of the actions or period for which recognition is requested; and sworn affidavits, eyewitness statements, certificates and related documents. Commanders, leaders, and fellow Soldiers who had personal (i.e., eyewitness) knowledge of the circumstances and events relative to the request are the best sources of corroborating evidence. Title 10 USC 1130 requires that a request of this nature be referred to the Service Secretary from a Member of Congress.