IN THE CASE OF: BOARD DATE: 3 August 2021 DOCKET NUMBER: AR20210007571 APPLICANT REQUESTS: * to be awarded the Bronze Star Medal for meritorious service while commanding a combat medical company in the Republic of Vietnam * to be awarded the Bronze Star Medal or Army Commendation Medal with Valor in recognition of a combat rescue action that he participated in APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-authored letter * DA Form 638 (Recommendation for Award) * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), ending 1 August 1969 * Chronological Document labeled "DA Form 66" * Thoughts for Memorial Day letter, dated 25 May 2020 * Self-authored letter from Lieutenant General (LTG) (Retired) B_M_ * Letter of Recommendation from LTG (Retired) B_M_ * Self-authored letter to Mr. U_, Executive Secretary, 101st Airborne Division Association, dated 11 March 2019 * Response letter from Mr. U_, dated 19 March 2019 * Self-authored letter to Congressman G_ (Georgia), dated 9 September 2019 * Self-authored letter to Congressman G_, dated 5 November 2019 * Self-authored letter to Congressman G_, dated 22 January 2020 * Response letter from Congressman G_, dated 20 September 2019 * Response letter from Congressman G_, dated 23 September 2019 * Response letter from the U.S. Army Human Resources Command (HRC) – Awards and Decorations Branch, dated 26 September 2019 * Response letter from the HRC – Awards and Decorations Branch, dated 18 February 2020 * Response letter from Congressman G_, dated 4 March 2020 * Book Excerpts * A Personal Memoir "An Account of the 2nd Brigade and 2nd Brigade Task Force, 101st Airborne Division" – September 1967 through June 1968 * Personal Journal * Veterans Creed * Georgia High School Football Magazine Article * Certificate of Appreciation * Invitation, dated 17 January 2020 * Email Communications and Letters * North Georgia College and State University Alumni Association letter, dated 30 January 2007 * Self-authored response letter, dated 5 February 2007 * Self-authored speech, dated 21 April 2007 * University of North Georgia Foundation – Board of Trustees Agenda, dated 5 October 2017 * Self-authored letter, dated 13 June 2018 * Self-authored letter from Mr. M_, dated 18 June 2014 * Letter from 101st Airborne Division Association, dated 18 January 2016 * Self-authored letter to the U.S. Secretary of Veterans Affairs, Secretary S_ dated 3 May 2014 * Pictures, letters and magazine excerpts * Resume (Curriculum Vitae), dated 2020 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 (ABCMR) 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 in part that the documents submitted are further evidence of the duties that he performed, as validated by his commander, LTG (Retired) M_, formerly Lieutenant Colonel M_, commander of the 32nd Medical Battalion, 101st Airborne Division. LTG (Retired) M_ later became the Surgeon General of the Army. His untimely death lends to the justification for this seemingly latent submission, however he is unable to present supporting documentation from a more reliable or superior individual than the late Dr. M_. He was awarded the Combat Medical Badge, but nothing more for his service in Vietnam which raised personal concern. He was advised that his war time responsibilities and actions warranted more. a. He provides that he had the distinction of serving under a total of three Medical Battalion Commanders and or Division Surgeons during his service in the Republic of Vietnam with the 101st Airborne Division. There was administrative disagreement within the medical leadership, support command and the division hierarchy. However, this in no way interrupted the excellent care provided to the Soldiers, although there were times when the junior officers were required to assist the senior officers in understanding the requirements for successfully obtaining the necessities for proper medical care within a combat zone. b. His award nomination for the Bronze Star Medal with the 101st Airborne Division became complicated when he was selected to transfer from the U.S. Army Vietnam (USARV) to the Military Assistance Command Vietnam (MACV) to become the Senior Medical Advisor for the South Vietnamese Airborne Division. Contained within his submission to this Board are three letters, prepared and signed by his last Medical Battalion Commander, LTG (Retired) M_. These letters and other information provide a detailed account of what occurred during the time that the applicant served in Vietnam. The material reveals "the good, the bad and the ugly" of war, and interspersed discloses amusing anecdotes. c. The applicant further provides that there is material evidence that verifies the 3rd Brigade, 82nd Airborne Division, was in combat in the area of operation supported medically by his company, B Company, 326th Medical Battalion, 2nd Brigade, 101st Airborne Division. He contests that there is much more information available should the Board require additional documentation of his presence in a combat zone that became inflamed during the Tet Offense of 1968. d. His journal is filled with a tremendous amount of activity that may be perceived as explicit, but it is based upon his personal eyewitness account. The information was documented in "real time" and portions may require effort to interpret. He adds that he had a fascinating experience during his service in Southeast Asia. He challenges if there is any other physician that was exposed to the variety and diversity of the activities presented and faced by him. In fact, he respectfully requests that those who venture to walk in his footsteps, during a year that encompassed defining moments of his life, study the provided paperwork with an eye for the simultaneously occurring events. e. The applicant provides that as he approaches the autumn of life, the sunset became more alluring with a desire to depart with grace and a legacy for his family that includes 4 children and 6 grandchildren. To cement this legacy, there are segments that he included from his composed (daily) Vietnam Journal while under the command and control of the 101st Airborne Division and operational control with Team 162 also referred to as "Red Hats". Contained within is a chapter that he composed himself at the request of Team 162 that bridges the gap between his service with the USARV and MACV. In addition, he has enclosed evidence of his continued involvement within his community and support of the Army. 3. A review of the applicant's available service records reflects the following: a. On 3 June 1962, the applicant was appointed as a Reserve commissioned officer in the rank/grade of second lieutenant (2LT)/O-1 in the U.S. Army Reserve (USAR). b. On 20 June 1967, the Department of the Army issued Letter Orders Number A-06-2872 ordering the applicant to active duty effective 7 August 1967. c. On 2 August 1967, the applicant was appointed a temporary commission as a General Medical Officer at the rank of Captain (CPT) and ordered to active duty in the Army of the United States (AUS). d. DA Form 66 (Officer Qualification Record) shows he served in the Republic of Vietnam from 15 December 1967 to 9 December 1968. While serving in Vietnam, the applicant participated in the Vietnam Counter Offensive Phase III and the Tet Counter Offensive campaigns. He served with the following units: * B Company, 326th Medical Battalion, 101st Support Command, 101st Airborne Division from on or about 15 December 1967 to on or about 20 May 1968 * A Company, Headquarters, 326th Medical Battalion, Division Support Command, 101st Airborne Division (this unit was re-designated as the Support Company, Headquarters, 326th Medical Support Battalion Command, from on or about 6 September -15 October 1968 * MACV from on or about 15 October – 9 December 1968 e. On 22 January 1969, Department of the Army issued Special Orders Number 8 announcing the applicant's release from his duty assignment as a General Medical Officer effective 13 January 1969. f. On 1 August 1969, the applicant was honorably released from active duty and returned to his USAR unit. DD Form 214, item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) contains the following: * National Defense Service Medal * Vietnam Service Medal * Combat Medical Badge * Republic of Vietnam Campaign Medal with 1960 Device * Army Commendation Medal * Vietnamese Parachute Badge * Parachutist Badge * Vietnam Jump Certificate and Jump Wings * Armed Forces Honor Medal (1st Class) 4. The applicant provides the following a: a. DA Form 638 (Recommendation for Award) reflective of his submitted recommendation to be awarded the Bronze Star Medal in recognition of meritorious service performed from August 1967 – August 1968. The document is void of signatures however it defers to the provided letters endorsed by LTG (Retired) M_, his former commander and recommender for this award. b. Chronological Document labeled "DA Form 66" reflective of the applicant's account of his military career from 1962 – August 1969, notably his service in the Republic of Vietnam from December 1967 – December 1968. He indicates service as the Company Commander of B Company, 326th Medical Battalion. During his service as a commander, his unit sustained and provided care to casualties during the Tet Offensive from the Battles of Hue and Khe Sahn. On 19 May 1968 he was transferred to the South Vietnamese Airborne Division to serve as the Medical Battalion Senior Medical Advisor. He departed the Republic of Vietnam on 10 December 1968. c. Thoughts for Memorial Day letter, dated 25 May 2020, reflective of communication from the applicant to an unknown recipient. d. Self-authored letter from LTG (Retired) M_ dated 17 September 2018, reflective of his remembered service with the applicant wherein he served as the Division Surgeon. He further provides that he made the decision to voice his opinion concerning the injustice related to the applicant's achievements some 50 years ago being overlooked because of the circumstances of war, of which included the premature reassignment of the applicant. This reassignment was not seamless and resulted in the applicant being lost in the shuffle as it pertains to awards consideration while serving with the 101st Airborne Division. In recognition of his service with the 101st Airborne Division, the applicant was awarded the Combat Medical Badge and recognized by the South Vietnamese Airborne Division in his receipt of the Army Commendation Medal, however his most challenging period of service occurred while he was in command. The provided documentation is evidentiary of this service and therefore serves as justification for correcting the omission of recognizing his outstanding performance with the 101st Airborne Division. e. Letter of Recommendation from LTG (Retired) M_ dated 17 September 2018, reflective of his recommendation for the applicant to be awarded the Bronze Star Medal with Valor. During the Battle of Hue, on 31 January 1968, at 0330, B Company took a direct hit on their aid station. This mortar attack was the beginning of the Tet Offensive at Landing Zone (LZ) El Paso and across South Vietnam. The applicant lost 4 of his combat medics that were Killed in Action (KIA), and 6 were wounded in that battle, as recorded in his Vietnam Journal. The following morning, he flew an hour and a half by helicopter (Dustoff), for surveillance over his company, in order to ensure the safety of their convoy from the Buddhist graveyard location to a more secure area at the Naval Hospital in Phu Bai. Commander B_, the hospital commander, sent a letter to Major General B_, the 101st Airborne Division Commander, commending the applicant and his B Company for their medical service at the hospital during February 1968, a period of time when the hospital was overwhelmed with combat casualties. After having survived the mortar attack, the applicant demonstrated his courage, on 9 April 1968, to personally take the mission into a hot LZ to evacuate injured members of the 82nd Airborne Division, who were in urgent need of treatment. This valor took place with helicopter Number 17 009 under the 498th Dustoff. The helicopter came under fire during the attempted pick up, and it was necessary to call in gunships to reduce the hostile automatic weapon fire prior to the successful evacuation. Despite the Dustoff helicopter being struck by enemy fire, the injured were evaluated, treated and covered for protection by the outstretched body of the applicant. The wounded were transported to LZ Sally, where they were stabilized and transferred to the 22nd Surgical Hospital. The hospital commander, Lieutenant Colonel (LTC) S_, was highly complimentary, as was Major (MAJ) C_, the commander of the 571st Dustoff, concerning the exemplary care provided numerous causalities of war in flight and in the LZ Sally underground emergency room. The applicant's "real time" Vietnam Journal collaborates the events of 9 April 1968. f. Self-authored letter to Mr. U_, Executive Secretary, 101st Airborne Division Association dated 11 March 2019, reflective of a follow-up communication from LTG (Retired) M_ concerning his recommendations on behalf of the applicant and its further submission through the 101st Airborne Division hierarchy. g. Response letter from Mr. U_ (101st Airborne Division Association), dated 19 March 2019, reflective of their receipt of the submitted request for award of the Bronze Star Medal with Valor wherein they advised that they are unable to act on the submitted request as it must be initiated by the Soldier, the unit or Veteran in accordance with regulatory guidance. h. Self-authored letter to Congressman G_, dated 9 September 2019, reflective of the applicant offering additional information concerning his attempts to obtain service recognition. He adds that both his Battalion Commander and Division Surgeon (chain of command) are both deceased leaving LTG (Retired) M_ as the only remaining member of his previous leadership to provide commentary. i. Self-authored letter to Congressman G_, dated 5 November 2019, reflective of the applicant's 3rd appeal to be recognized for his service in the Republic of Vietnam. He highlights that LTG (Retired) M_ was adamant about his involvement in the extraction of 2 injured Soldiers from the battlefield, while under fire, warranted justification for the Bronze Star Medal. j. Self-authored letter to Congressman G_, dated 22 January 2020, reflective of his continuous pursuit for recognition of his military service. He acknowledges the challenges associated with this request as it pertains to the completion of the required documentation, however the extensive amount of provided evidentiary evidence offers an accurate, firsthand account of the difficult days that he encountered. k. Response letter from Congressman G_, dated 20 September 2019, reflective of acknowledged receipt of the applicant's inquiry. l. Response letter from Congressman G_, dated 23 September 2019, reflective of a provided update to the applicant concerning his inquiry wherein it states in part that his request has been assigned a case number. m. Response letter from HRC – Awards and Decorations Branch, dated 26 September 2019, reflective of their acknowledged receipt of the applicant's submitted request, however they were unable to forward the request to the Army Decorations and Awards Board at that time because the provided DA Form 638 was incomplete (void of endorsements, specific dates, etc.). They further provided that the submitted request needed to be routed through his former leadership or the DA Form 638 needed to reflect their names, ranks, titles/positions and dates of death. n. Response letter from the HRC – Awards and Decorations Branch, dated 18 February 2020, reflective of their inability to take action on the submitted request. As stated previously, the DA Form 638 must be endorsed by the recommender. o. Response letter from Congressman G_, dated 4 March 2020, reflective of their action to provide the applicant with a copy of the response letter received from HRC - Awards and Decorations Branch on 18 February 2020. p. Book excerpts reflective of detailed topographical maps and recommending readings concerning the Vietnam war. q. A Personal Memoir "An Account of the 2nd Brigade and 2nd Brigade Task Force, 101st Airborne Division" – September 1967 through June 1968, reflective of reference to B Company, 326th Medical Battalion (applicant's command). The applicant highlights his commands involvement in the events captured within this memoir, specifically noting that the 4 Soldiers KIA were from his command. r. Personal Journal reflective of the applicant's documentation from 23 March 1968 – 10 April 1968, whereby he highlights the casualties sustained during this timeframe. The applicant documents his requirement to establish an evacuation plan as the corps failed to have enough helicopters to adequately cover the area. During this period, they received several casualties (5 KIA's and 5-6 wounded in action). In another incident they sustained 13 KIA and 19 wounded in action. In one account, the applicant provides that during an extraction mission, while under fire, he personally retrieved a patient onto the aircraft, while another simply climbed in. He also documents the verbal accolades provided by members of the leadership with regard to his company's performance. In a sense, by his own account, he had become the Chief Medical Advisor. In short summary, the journal provides a "first hand" insight to the horrific events resulting in significant injury and the loss of life during this brief period of time. s. Veterans Creed reflective of the motto adopted by the 101st Airborne Division Association. t. Georgia High School Football Magazine Article reflective of an article published regarding the applicant's "Lifelong Contributions" to both the country and his community. u. Certificate of Appreciation reflective of the applicant being recognized for his outstanding support to the Dalton High School Army Junior Reserve Officer Training Corps (JROTC) Program from 2016-2017. v. Invitation, dated 17 January 2020, reflective of the applicant being invited to attend a JROTC awards ceremony. w. Email Communications and letters reflective of submitted request for assistance and support to the Dalton High School JROTC program, specifically in recognition of the accomplishments made by cadet's worthy of being awarded scholarships. x. North Georgia College and State University (NGCSU) Alumni Association letter, dated 30 January 2007, reflective of the applicant being awarded the Hall of Fame award as presented by this organization. y. Self-authored response letter, dated 5 February 2007, reflective of his response to the NGCSU Alumni Counsel with regard to him being awarded the Hall of Fame Award. z. Self-authored speech, dated 21 April 2007, reflective of the composed thoughts provided in recognition of the Hall of Fame Award. aa. University of North Georgia Foundation – Board of Trustees Agenda, dated 5 October 2017, reflective of the applicants involvement in the Community Engagement Committee. bb. Self-authored letter, dated 13 June 2018, reflective of his medical assessment of a "future Soldier" with regard to his current medical condition not hindering his enlistment in the military. cc. Self-authored letter from Mr. M_, dated 18 June 2014, reflective of his extension of a personal "thank you" to the applicant, and all others doctors, nurses and medical staff that served during the Vietnam war. He sustained injuries requiring 6 months of subsequent care. dd. Letter from 101st Airborne Division Association, dated 18 January 2016, reflective of the applicant's continued membership within this organization. ee. Self-authored letter to the U.S. Secretary of Veterans Affairs, Secretary S_, dated 3 May 2014, reflective of his plea for support to our veteran's with regard to healthcare within the Veteran's Administration. ff. Pictures, letters and magazine excerpts with regard to service in the Republic of Vietnam. Contained within is also a pointed chronological account of the applicant's service in the military, to include events occurring in combat. This document is further provided to the Board for review in its entirety. gg. Resume (Curriculum Vitae), dated 2020, reflective of highlighted personal information pertaining to the applicant's personal life, professional affiliations, education, military service etc. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that some relief was warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The Board agreed his service in combat as the commander of the organization was adequately reflected in the award recommendation, and that awarding him the BSM for service is warranted. However, the Board determined there is insufficient evidence that shows a valor award is also warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :XX :XX :XX GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Bronze Star Medal for exceptional meritorious service in combat from 15 December 1967 through 9 December 1968, and adding the award too his DD Form 214. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to awarding valor awards. 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 3 years after discovery of the alleged error or injustice. This provision of law also allows the 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. United States Army Vietnam Regulation 672-1 (Military Awards) governed the military awards program in Vietnam during the Vietnam War. This regulation provides that the Bronze Star Medal may be awarded for heroism, meritorious achievement or service which does not involve aerial flight, but which is performed in connection with military operations against an armed enemy including combat, support, and supply operations. The heroism required is of a lesser degree than that required for the Silver Star. Similarly, the required degree of achievement or service is less than that required for the Legion of Merit. Impact awards, Bronze Star Medal with ''V" device (Valor) and the Army Commendation Medal with "V" device are designed for presentation in immediate recognition of valorous or heroic combat performance.2. 3. Army Regulation (AR) 600-8-22 (Military Awards) provides that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years. a. Paragraph 1-14 (Time Limitation) provides that 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 Title 10, USC, section 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 (SECARMY) 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 Title 10, USC, section 1130. b. Preparing an award recommendation year's after an action has occurred can be a challenge. However, the requestor is solely responsible for assembling a complete award recommendation package, which is submitted through a Member of Congress to the Commander, HRC. It is incumbent upon the requestor to conduct any historic research necessary to ensure the award recommendation is complete prior to submission. In the event an incomplete award recommendation is submitted, the HRC, Awards and Decorations Branch will contact the requesting Member of Congress and provide specific guidance regarding the additional information required in order for the case to be considered. 4. Title 10, USC, section 1130 (Consideration of Proposals for Decorations not Previously Submitted in a Timely Fashion – Procedures for Review) provides that upon request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation. Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210007571 10 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1