ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 24 October 2019 DOCKET NUMBER: AR20180002331 APPLICANT REQUESTS: award of the Silver Star Medal APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-Authored Letter, dated 15 June 2016 * DD Form 214 (Certificate of Release or Discharge from Active Duty) * DA Form 20 (Enlisted Qualification Record) * NARA Form 13164 (Information Releasable Under the Freedom of Information Act * DA Form 638 (Recommendation for Award) - (Silver Star (SS)) * Narrative and Citation for the SS by Colonel, Retired (COL, Ret) X__ * COL, Ret X__ Statement Acknowledging SS Award Recommendation * Sworn Statement, Specialist Five (SP5) X__ * After Action Report, dated 25 September 1968 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 would like to add a personal decoration to his DD Form 214 and Official Military Personnel File (OMPF) for combat actions he was involved in on 21 September 1968. In a letter dated 17 November 2016, the U.S. Army Human Resources Command (AHRC) Awards and Decorations Branch (ADB) determined that the submitted documentation met the criteria for recommendation of the Silver Star Medal. He was encouraged to submit a complete award packet to AHRC, Army Decorations Board for consideration. On 21 September 1968, while serving as a crew chief, he exposed himself to drop fire extinguishers to enable the crews of two downed helicopters and infantry Soldiers on the ground to suppress the fires caused by the crashes. The official after action report dated 25 September 1968, filed by executive officer (XO) Captain X__ to Commanding Officer (CO) Major X__, stated that all crew members involved in the 21 September 1968 incident were recommended and submitted for the Silver Star or Distinguished Flying Cross. The applicant was unaware of the recommendation until years later. When he checked his official records, he found that it was missing. He informed his former CO, Major X__ of the missing decoration. His CO recommended approval of the personal decoration (SS) to AHRC. Unfortunately, Commander, AHRC disapproved the recommendation. Therefore, he is still without an official personal decoration on his DD Form 214 or in his OMPF for combat actions on 21 September 1968. 3. The applicant provides: a. Completed DA Form 638, recommendation for award of the Silver Star Medal signed by his former company, battalion and group commanders. His former brigade commander is deceased. b. Narrative and citation pages to accompany the award of the Silver Star Medal c. Statement attesting to his unsuccessful attempts to locate members of his actual wartime chain of command (battalion and aviation group commanders) in support of his award recommendation. d. Official statement from applicant’s former company commander, Colonel (COL) Retired X__ in support of the applicant’s recommendation for the Silver Star Medal. e. Sworn eyewitness statement from the aircraft’s door gunner (SP5 X__) of the applicant’s actions while in combat on 21 September 1968. f. Statement of observation and actions by the command and control helicopter as witnessed by Sergeant Major (SGM) X__ on 21 September 1968. g. Memorandum for record, dated 25 September 1968, both typewritten and handwritten detailing the actions, injuries, operations and losses sustained by the 189th Assault Helicopter Company during combat on 21 September 1968. h. Complete award packet and chain of command recommendations for award of the Silver Star Medal to the applicant’s wartime battalion commander (Lieutenant Colonel (LTC) X__). Also included is an approved award of the Legion of Merit to LTC X__ for meritorious achievement for the period of 5 July 1968 to 21 September 1968. i. Approved award orders of the Distinguished Flying Cross (DFC) and Air Medal (Heroism) to members of the 52nd Combat Aviation Battalion, 189th Assault Helicopter Company, and 189th Aviation Company. j. Operational Report Lessons Learned (ORLL) with a period ending 31 October 1968. Date and time group of 211400 September and 211700 September identifying combat causalities and losses sustained by the 189th Assault Helicopter Company. ORLL was published on 5 November 1968. k. DA Forms 1594 (Daily Staff Journal) journalizing the combat actions and missions of 3rd Battalion, 8th Infantry and elements of Headquarters, 4th Infantry Division on 21 September 1968. l. Map of 52nd Combat Aviation Battalion’s Area of Operation while in Vietnam. m. Book excerpt, news and magazine article depicting the life and reunion of Soldiers that fought in Vietnam. n. Unit history of the 189th Aviation Company and 189th Assault Helicopter Company. o. Statement of service for the 604th Transportation Detachment, later re- designated as the 804th Transportation Detachment. p. Operational report and organizational structure of the 52nd Combat Aviation Battalion ending 31 October 1968. The report list the significant activities for the period to include the number and types of awards approved in Section 1 b. Personnel (1) Awards and Decorations. It also details the incumbent and projected leaders of each element of the battalion. q. HRC, ADB letter dated 12 June 2017 to applicant’s congressional representative disapproving the recommendation for award of the Silver Star Medal. r. Copy of the signed disapproved DA Form 638. The HRC Commander disapproved the Silver Star Medal recommendation given the authority delegated by the Secretary of the Army. 4. The applicant’s service records shows: a. He enlisted in the Regular Army on 1 December 1965. He completed basic training at Fort Benning, GA and advanced individual training at Fort Rucker, AL. He was awarded military occupational specialty 68B (Senior Aircraft Engine Repairman). b. He served in Vietnam from 4 May 1967 to 10 December 1968 with the 604th Transportation Detachment. c. His DD Form 214 shows he was honorably transferred to the U.S. Army Reserves after completion of his combat tour in Vietnam. He completed 3 years, 0 months, and 14 days of active service. His DD Form 214 also shows he was awarded or authorized: * Bronze Star Medal * Army Good Conduct Medal * National Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Basic Army Aviation Badge * Air Medal * three overseas service bars * Presidential Unit Citation * Vietnam Service Medal (One Silver Service Star and One Bronze Service Star) * Republic of Vietnam Campaign Medal with M60 Device * Republic of Vietnam Gallantry Cross with Palm Unit Citation d. At the request of the applicant, the National Archives and Records Administration (NARA) individually searched the general orders for the 1st Aviation Brigade (higher headquarters of 604th Transportation Detachment) but, found no award of the Silver Star to the applicant. NARA also searched the unit records of the 189th Aviation Company, and 52nd Aviation Battalion however, there were no records they could search on the applicant’s behalf. Until 1969, awards case files were routinely disposed after their administrative purposes had been fulfilled. e. AHRC, X__ letter dated 24 March 2014, notified the applicant’s congressional representative of its inability to forward the request for Silver Star or Distinguished Flying Cross to the Army Decorations Board. The valorous award recommendation packet failed to meet several regulatory requirements. f. On 5 September 2015 and 24 February 2016, the applicant responded to AHRC’s letter, dated 24 March 2014. He corrected the deficiencies outlined in the letter. He submitted an updated DA Form 638 (Recommendation for Award) directly to and through his congressional representative to AHRC. g. On 27 June 2017, the office of his congressional representative informed the applicant that AHRC disapproved his recommendation for award of the Silver Star. 5. Army Regulation 600-8-22 (Military Awards) states 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. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was not warranted. Based upon the finding of HRC and the applicant failing to provide any other additional information to consider, the Board concluded that the documentary evidence provided showed insufficient evidence that an error or injustice was present which would warrant awarding the Silver Star to the applicant. 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. 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 600-8-22 (Military Awards) states 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. 3. Section 1130 of the United States Code (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. In order to request an award under 10 USC 1130, you must submit a DA Form 638 (Recommendation for Award), a copy of which is enclosed. The DA Form 638 should clearly identify your unit, the period of assignment, and the award being recommended. A narrative of the actions or period for which you are requesting recognition must accompany the DA Form 638. In addition, your award request 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 (i.e., eyewitness) knowledge of the circumstances and events relative to the request. 4. Title 10 USC 1130 also requires that a request of this nature be referred to the Service Secretary from a Member of Congress. Therefore, you must submit your request through a Member of Congress to the Secretary of the Army at the following agency: United States Army Human Resources Command, Personnel Service Support Division, 1600 Spearhead Division Ave., Fort Knox, KY 40122. The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20180002331 6 1