ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 31 January 2019 DOCKET NUMBER: AR20170015014 APPLICANT REQUESTS: award of the Soldier's Medal. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * letter from Senator J 's office * letter from K R to Senator J ' s office * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), 6 October 1971 * self-authored 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: * he requests to be awarded the Soldier's Medal based on being nominated for the award along with several members of his unit * they were nominated for their actions in helping a pilot and deceased crew of a downed helicopter * he was put in for the award by his company commander * a month after he was nominated for the award, he was told he didn't get it * the award had been given to his battalion commander instead * the battalion commander was not in country at the time of the helicopter crash * he believes they are entitled to the award for their actions that day * it is unjust that the battalion commander received the medal * he left Vietnam and did his best to put it behind him * his service has haunted him * as he has become older, he feels it is important to honor the actions of his platoon in those terrible moments and not honor a person who was not there 3. The applicant's DD Form 214, DA Form 20 (Enlisted Qualification Record), and service records are void of evidence he was awarded the Soldier's Medal. His records are void of evidence that he was put in for the Soldier's Medal. A review of the ADCARS data base did not have evidence of the Soldier's Medal for the applicant. 4. The applicant provides a self-authored letter describing the events of that day to the best of his recollection. The letter states, in part: * there was a crash of a CH-47 helicopter at Landing Zone (LZ) West * LZ West overlooked the Hiep Duc Valley north of Chu Lai * he does not recall the exact date of the crash but believes it was early in 1971 * he remembers it was not raining the day of the crash and the sun was out * his unit was providing perimeter guard for LZ West * they had just set up their assigned bunkers and were close to the artillery pits and the main helicopter pad * the helicopter was on approach, went down, crashed and broke in two * his squad and he ran to the site and found it fully engulfed in flames * the helicopter was bringing in JP-4 fuel and ammunition to the hill * the applicant and another Soldier ran to the front of the helicopter and found the pilot and co-pilot badly hurt and unconscious * they pulled both men from the burning wreckage to an area where other Soldiers loaded them onto a dust off helicopter * the two went back into the rear of the helicopter and found the crew chief and door gunner * they were both badly burnt and were charred together * they were no doubt dead * the applicant and the Soldier had to break them apart to place them in body bags * a number of Soldiers were working on putting out the fire while the applicant and Soldier helped the crew * after the fire they went back to their duties * his company commander said he was being put in for the Soldier's Medal * later the company commander informed him that the battalion commander received the award * the battalion commander was not in the area when the incident occurred * he realizes 46 years is a long time and he can't remember the date * he will never forget the event of that day * he can't recall what rank he was but thinks he was probably a Private First Class * he remembers he was carrying the machine gun * he can only remember the company commander's first name, D * he remembers Major General B came and talked to him * he believes the company commander put them in for the award because he felt that they had earned it 5. A letter from K R to Senator J 's office says, in part: * the applicant served in the U.S. Army from 1970 to 1971 and was honorably discharged * the applicant achieved the rank of Sergeant before his discharge and several decorations of distinction due to his service * during his service, one decoration was not awarded due to an unjust act * he was put in for the Soldier's Medal due to his heroic actions saving a pilot and co-pilot from burning in a helicopter that had JP-4 fuel and ammunition on board * Soldiers placed themselves in harm's way in an effort to save others * a month after the event, the applicant was notified by his commanding officer that they did not receive the award and it was given to their battalion commander * the battalion command was not in country at the time of the event * this is unjust and for historical purposes the record should be corrected * the applicant should be awarded the Soldier's Medal * a Soldier recounts the time he served and the efforts, successes, and failures * that recollection can drum up many emotions, but ultimately it should not drum up disregard and misrepresentation of valorous events * they are seeking an endorsement from Senator J for the appropriate changes to be made to the applicant's record 6. A letter from Senator J 's office requests the Board do a thorough and in-depth review of the applicant's request. 7. Army Regulation 600-8-22 (Military Awards) states the Soldier's Medal is awarded for distinguished heroism not involving actual conflict with the enemy. The performance must have involved personal hazard or danger and the voluntary risk of life under conditions not involving conflict with an armed enemy. If the Board does not believe there is enough evidence to award the applicant the Soldier's Medal, the applicant has the right to pursue his claim for the Soldier's Medal by submitting a request through his Member of Congress under the provisions of 10 USC 1130. BOARD DISCUSSION: The Board considered the applicant’s request with all supporting documents, evidence in the service record and applicable policies and guidance. The Board heavily considered the applicant’s personal statement as well as the letter from the Washington County Veterans Service Officer. The Board finds there is insufficient evidence provided to support the statements through either the service record or provided by the applicant to award the Soldier’s Medal in accordance with Army Regulation 600-8-22 (Military Awards); therefore, the Board denies request. The applicant has the right to pursue his claim for the Soldier's Medal by submitting a request through his Member of Congress under the provisions of Title 10 USC 1130. 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. ___________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. ADMINISTRATIVE NOTE: N/A REFERENCES: 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. 2. Army Regulation 600-8-22 (Military Awards) states the Soldier's Medal is awarded for distinguished heroism not involving actual conflict with the enemy. The same degree of heroism is required as for award of the Distinguished Flying Cross. The performance must have involved personal hazard or danger and the voluntary risk of life under conditions not involving conflict with an armed enemy. Award of the Soldier's Medal will not be made solely on the basis of having saved a life. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required 3. Title 10, U.S. Code, section 1130 (10 USC 1130) provides: a. 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. b. The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to: Commander, U.S. Army Human Resources Command (AHRC-PDP-A), 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The unit must be clearly identified, along with the period of assignment and the recommended award. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request. The burden and costs for researching and assembling supporting documentation rest with the applicant. ABCMR Record of Proceedings (cont) AR20170015014 4 1