ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 March 2020 DOCKET NUMBER: AR20190000498 APPLICANT REQUESTS: reconsideration of his earlier request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show two additional awards of the Silver Star. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * Self-authored letter, dated 10 January 2019 * five photographs * DA Form 66 (Officer Qualification Record), two-page extract * DA Form 2-1 (Personnel Qualification Record – Part II) * Officer Record Brief, dated August 1980 FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130003657 on 28 March 2013. 2. The applicant provided new arguments that warrants consideration by the Board. 3. The applicant states: * he was deployed to Korea as an infantry platoon leader while assigned to Company I, 15th Infantry Regiment, 3rd Infantry Division, after he graduated from West Point in 1951 * he was designated as commander after the company commander was killed in action and the company was ordered to take Iron Horse Hill/Jackson Heights * the company successfully completed its mission, but suffered the loss of several Soldiers * a senior officer presented him a Silver Star for his actions during the assembly of his company * their regiment was part of the 3rd Infantry Division; however, the paperwork supporting his award was lost * his first request did not include clear and undeniable evidence, but he was able to find the company clerk who provided him a letter and photographs * he was disappointed with the Warrant Officer who originally denied his request and stated the photographs did not clearly show award of the Silver Star * the Army's leadership did not award a "device" to a Soldier who demonstrated great leadership and courage in combat * the actions of his company during those five days in Korea were well documented * this award is really a testament to those brave and great Soldiers who fought and sacrificed with him in Korea 4. The applicant was appointed as a Regular Army commissioned officer in the rank of second lieutenant on 1 June 1951. He continued to serve on active duty and attained the rank of lieutenant general. 5. A review of the applicant's military personnel records revealed copies of the following pertinent award orders relevant to the applicant's application: * Headquarters, 3rd Infantry Division, General Orders Number 11, dated 7 January 1953, awarding him the Bronze Star Medal with "V" Device for heroic achievement on 15 August 1952 near Chiro-dong, Korea * Headquarters, 3rd Infantry Division, General Orders Number 72, dated 17 March 1953, awarding him the Bronze Star Medal (1st Oak Leaf Cluster) for meritorious service in Korea from 27 November 1952 to 6 February 1953 * Headquarters, Americal Division, General Orders Number 1270, dated 15 November 1967, awarding him the Soldier's Medal for heroism not involving actual conflict with an enemy on 20 June 1967 in Vietnam * Headquarters, 101st Airborne Division, General Orders Number 5162, dated 22 May 1969, awarding him the Distinguished Flying Cross for heroism while participating in aerial flight in Vietnam on 22 September 1967 * Headquarters, 101st Airborne Division, General Orders Number 1457, dated 29 November 1967, awarding him the Silver Star for gallantry in action on 29 September 1967 in Vietnam * Headquarters, 101st Airborne Division, General Orders Number 1338, dated 10 June 1968, awarding him the Bronze Star Medal with "V" Device (2nd Oak Leaf Cluster) for heroism in Vietnam on 14 January 1968 * Headquarters, U.S. Army Vietnam, General Orders Number 5306, dated 15 November 1968, awarding him the Legion of Merit for exceptionally meritorious conduct in the performance of outstanding service from May 1967 to May 1968 6. His DA Form 66 that covers his service from June 1951 through August 1974 shows the following in item 18 (Record of Assignments): * Platoon Leader, Company I, 15th Infantry, Far East Command (FECOM) from 3 April 1952 through 26 November 1952 * Commanding Officer, Company I, 15th Infantry (FECOM) from 27 November 1952 through 6 February 1953 * Assistant S-3, Headquarters Company, 3rd Battalion, 15th Infantry (FECOM), from 7 February 1953 through 11 May 1953 * Executive Officer, 1st Brigade, 101st Airborne Division (Vietnam), from 2 June through 29 August 1967 * Battalion Commander, 2nd Battalion, 327th Infantry, 1st Brigade, 101st Airborne Division (Vietnam), from 30 August 1967 through 10 February 1968 * Executive Officer, 3rd Brigade, 101st Airborne Division (Vietnam) ,from 11 February through 9 May 1968 * Brigade Commanding Officer, Headquarters and Headquarters Company (HHC), 1st Brigade, 2nd Infantry Division (Korea), from July 1970 through 13 April 1971 * Chief of Staff, HHC, 2nd Infantry Division (Korea), from 14 April through August 1971 7. His DA Form 2-1 (Personnel Qualification Record – Part II) that covers his service from August 1974 through August 1978 shows in: a. item 5 (Oversea Service): * 12 months prior to 1 January 1960 – dates not indicated * Turkey from 26 July 1961 through 15 January 1964 * Vietnam from 30 May 1967 through 10 May 1968 * Korea from 31 July 1970 through 19 July 1971 b. item 9 (Awards, Decorations and Campaigns), in part – one award of the Silver Star. 8. Headquarters, Americal Division, General Orders Number 1457, dated 29 November 1967 awarded him the Silver Star for gallantry on 29 September 1967 in the Republic of Vietnam. 9. His official military records do not contain any general orders awarding him additional awards of the Silver Star. 10. His Officer Record Brief, dated August 1980, shows in section VIII (Awards and Decorations) one award of the Silver Star. 11. On 31 July 1981, he was retired by reason of maximum service. His DD Form 214 shows, among other awards, one award of the Silver Star. 12. On 30 June 2009, The Adjutant General, U.S. Army Human Resources Command (HRC), advised the applicant of the following: a. He directed the Military Awards and Decorations Branch, HRC, to review historical awards records for the Korean War era for the 3rd Infantry Division and Headquarters, 8th U.S. Army, for orders pertaining to the applicant' award of the Silver Star. The review failed to locate general orders awarding the applicant the Silver Star. b. The Adjutant General confirmed his award of the Silver Star for his actions in Vietnam on 29 September 1967 and the Bronze Star Medal with "V" Device (2nd Oak Leaf Cluster). c. The applicant was encouraged to request a review of historical records from the Korean War maintained at the National Archives, College Park, MD. He was also advised of the provisions of Title 10, U.S. Code, section 1130, which allows for referral of an award recommendation by a member of Congress. 13. On 5 October 2011, in response to an inquiry from the applicant, The Adjutant General, HRC, referred the applicant to the previous response, dated 30 June 2009. 14. The applicant provided the following documents: a. three photographs that show him "front and center" of a formation and him being pinned with some type of medal; the type of medal cannot be identified, b. the reverse side of a photograph that shows handwritten entries indicating the applicant's name and "Silver Star winner." The date is shown as "Jan 53," and c. a letter, undated, from a former company clerk who stated he was present when the applicant received the Silver Star in January 1953 in Korea. He also stated he took pictures of the event. 15. On 28 March 2013 and in ABCMR Docket Number AR20130003657, the ABCMR denied the applicant's request for correction of his records to show two additional awards of the Silver Star. The Board determined there was insufficient evidence to support the applicant's claim. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service to include service in Korea and Vietnam, his award of a BSM w/V device (in Korea) and award of a Silver Star and BSM w/V device in Vietnam. The Board considered the statement and photographs provided by the applicant and the review by the Adjutant General. The Board considered the absence of evidence recommending or awarding the applicant a Silver Star for actions in Korea or other supporting documents showing events, records or actions supporting a Silver Star in addition to those provided by the applicant. Based on a preponderance of evidence, the Board determined that the absence of the applicant’s requested award of the Silver Star is not in error or unjust. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XXX :XXX :XXX DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, except for the corrections stated in the Administrative Note(s) that follow, 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. ADMINISTRATIVE NOTE(S): A review of the applicant's records shows he was awarded or authorized the following awards not shown on his DD Form 214. His DD Form 214 will be administratively corrected by adding the following awards: * four bronze service stars to his previously-issued Vietnam Service Medal * Korea Defense Service Medal REFERENCES: 1. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards), in effect at the time, governed the military awards program in Vietnam during the Vietnam War. Instructions stated: a. The Silver Star was awarded to recognize gallantry in action. The required gallantry, while at a lesser degree than that required for the Distinguished Service Cross, must have been performed with marked distinction. b. The Bronze Star may be awarded for heroism, meritorious achievement or service. Regulations placed two restrictions upon its award. First, the act or service must not have involved participation in aerial flight. Second, the act of the service must have been performed in connection with military operations against an armed enemy (included combat, support, and supply operations). The heroism required was of a lesser degree than that required for the Silver Star. Similarly, the required degree of achievement or service was less than that required for the Legion of Merit. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. 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. b. The bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal. Although more than one award of the Army Commendation Medal, the Air Medal, or the Bronze Star Medal may be made for heroism to the same person, only one "V" device may be worn on awards of these medals. c. The Korea Defense Service Medal is authorized for award to service members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea. The area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, and all airspaces above the land and water areas. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days. d. One bronze service star is authorized with the Vietnam Service Medal for each campaign during which a member was assigned or attached to and present for duty with a unit during the period in which it participated in combat. 3. 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. 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, Attention: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. a. 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. b. 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. c. The burden and costs for researching and assembling supporting documentation rest with the applicant. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190000498 5 1