IN THE CASE OF: BOARD DATE: 13 July 2022 DOCKET NUMBER: AR20210011717 APPLICANT REQUESTS: on behalf of his deceased father, a former service member (FSM): * reconsideration of his previous requests for: * posthumous award of the Silver Star (1st Oak Leaf Cluster) * posthumous awards of the Purple Heart (PH) 1st, 2nd, and 3rd Oak Leaf Clusters (OLC) * amendment of Headquarters (HQ), 1st Infantry Division, General Order Number 4145, awarding the FSM the Bronze Star Medal with "V" Device (BSM with "V" Device) to show the dates of action as 6 November 1966 to 8 November 1966 instead of 30 June 1966 to 2 July 1966 * as new requests, posthumous awards of * Army Commendation Medal with "V" device (ARCOM w/ V) * Armed Forces Expeditionary Medal (AFEM) * Armed Forces Reserve Medal (AFRM) * a video or telephone hearing before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * seven DD Forms 149 (Application for Correction of Military Record), (20 November 2020) received on 12 January 2021 * Certificate of Birth, (Applicant), * Certificate of Death (FSM), Vital Statistics Division, City of * 765 pages of FSM's service records, maps, declassified battle after action reports, published reports, memoranda, and self-authored narratives, and witness statements (outlined and described below in the table of contents of evidence the applicant provided-some documents are duplicated) 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 AR20090020485 on 1 June 2010 * Docket Number AR20160016290 on 19 November 2019. 2. The applicant states: a. In his letter to ABCMR, Congressional Liaison, 18 June 2021, he confirms he has provided eight DD Forms 149 with supporting documents. He provides new evidence supporting the request the FSM be awarded a Silver Star with 1st OLC as well as new evidence supporting amendment of the dates of the FSM's BSM with "V" device. He further provides a hard copy of the book 'Darkness Bravo-A Soldier Remembers' supporting his request. Relevant excerpts from certain chapters of this book are added to the TOC attachments. b. In his application for reconsideration to the ABCMR, 9 November 2020, his 6 year endeavor to correct an administrative error with the HRC has not led to the outcome the evidence demonstrates. His family is not disputing the valorous actions of their deceased father. The date of the action and its location does not align with the citation narrative. The narrative described a night action with his father's unit being repeatedly assaulted by enemy forces in dense jungle. The narrative's dates, when compared to official records he provided in 2015, along with eyewitness testimony, show the entirety of the fighting on 30 June 1966 to 2 July 1966, occurred in daylight to the south of a Vietnamese highway in open terrain and was absent dense jungles. He requests a thorough proper review. The error is attributable to a typographical error. Eyewitnesses support the official historical record of events were discounted. c. In his letter to Senator 4 September 2020, requesting reconsideration of his previous request that the Silver Star (1st OLC) be awarded to the FSM, he bases this new request on new and material evidence. The ABCMR did not contact two key witnesses for testimony clearly highlighting typographical errors in the 1966 award of the Bronze Star Medal with "V" Device. The ABCMR seemingly ignored battlefield sketch maps proving his argument that the timeline events from 0930 hours to 1900 hours on 30 June 1966. He further requests that he and a living key witness, be allowed to appear or to speak by video/telephone to the Board. d. In his third application (previously referenced as his first application) for reconsideration of posthumous award of the PH (1st OLC), the FSM entitlement to this award is supported by his 1994 left leg amputation below the knee as a result of exposure to Agent Orange in Vietnam, having served as an infantryman from May 1966 to May 1967, June 1969 to June 1970. From 1961 to 1971 the U.S. used chemical weapons and tactical herbicides containing dioxin to defoliate forests. The FSM's amputation is directly attributable to U.S. friendly fire when the Department of Defense failed to take precautions to prevent Agent Orange exposure. The PH is the lawful remedy to this friendly fire caused amputation. e. In his fourth application (he previously referenced as his second application) for reconsideration of posthumous award of the PH (2nd OLC), the FSM entitlement to this award is supported by his 2003 right leg amputation below the knee as a result of exposure to Agent Orange in Vietnam, having served as an infantryman from May 1966 to May 1967, June 1969 to June 1970. From 1961 to 1971 the U.S. used chemical weapons and tactical herbicides containing dioxin to defoliate forests. The FSM's amputation is directly attributable to U.S. friendly fire when the Department of Defense failed to take precautions to prevent Agent Orange exposure. The PH is the lawful remedy to this friendly fire caused amputation. His Combat Related Special Compensation (CRSC) application validated his friendly-fire incident and was for removal of his right leg. The CRSC application was not for Agent Orange exposure. f. His fifth application (he previously referenced as his third new application) is for posthumous award of the AFEM, in which he states the FSM satisfied all the criteria for award of the AFEM because he was on active duty while assigned to a nuclear capable infantry unit with the 4th Armored Division during the Berlin crisis between 14 August 1961 and 1 June 1963. Evidence shows the FSM was awarded an ARCOM at this unit during this period. g. His sixth application (he previously referenced as his fourth new application) is for posthumous award of the AFRM, in which he statues the FSM completed service in the Reserve Component (RC) as the result of being called to active duty on 1 September 1950, pursuant to Headquarters, 4th Army, General Order 137, 5 August 1950. h. His seventh application (he previously referenced as his fifth new application) was for posthumous award of the ARCOM with "V" Device, in which he states the FSM was awarded such based on photographic evidence. A photograph showing an award presentation included the FSM when Major General (MG) Commanding Officer of the1st Infantry Division on 20 July 1966. This presentation took place as part of Lieutenant Colonel (LTC) change of command ceremony for 2nd Battalion, 18th Infantry Regiment, on the same day. i. His eighth and last application (he previously referenced as his sixth application) was for reconsideration of a posthumous award of the PH (3rd OLC), in which he states the FSM was depicted in a photograph showing the "dry season" evidenced by teakwood trees shedding its leaves. Additional evidence shows how a teakwood tree would have appeared during the summer or "wet season" based on the density of the foliage. 3. The FSM's records contain sufficient evidence to support amendments to his DD Form 214 for the period ending 31 December 1979. This DD Form 214 will be administratively corrected without Board action to show * award of the AFRM for his activation to AD from 1 September 1950 to 25 June 1952 while in the Reserve Component (RC) * he completed service in Vietnam: * 4 May 1966 to 3 May 1967, 12 months * 6 June 1969 to 5 June 1970, 12 months 4. Having completed previous service in the Oklahoma Army National Guard (OKARNG) (22 November 1948 to 15 January 1950), the FSM he reenlisted in the OKARNG on 28 August 1950 for a period of 3 years. 5. On 25 June 1952, he was honorably released from active duty (AD). His DD Form 214 for this period shows he was awarded: Army of Occupation Medal with Japan clasp, Korean Service Medal with three bronze service stars, United National Service Medal, and Combat Infantryman Badge. It further shows he participated in combat service in Korea during the Korean War. 6. On 25 June 1952, the same date, he was honorably discharged from the OKARNG. His NGB Form 22 (Report of Separation and Record of Service in the ARNG) shows in: a. Item 24 (Decorations, Citations, Medals, Badges, Commendations, and Campaign Ribbons Awarded or Authorized): * Army of Occupation Medal (Japan) * Korean Service Medal with three bronze service stars * United National Service Medal * Combat Infantryman Badge b. item 34 (Remarks) – he was ordered to active military service on 1 September 1950 pursuant to Headquarters, Oklahoma National Guard General Order Number 18, August 1950, he was released from active military service on 25 June 1952 at the rank of sergeant, and he reverted to NG status. 7. Following a break in service, in enlisted in the Regular Army (RA) on 16 December 1955 and served until 15 December 1958, when he was honorably discharged by reason of expiration term of service (ETS). His DD Form 214 (Armed Forces of the United States Report of Transfer and Discharge) for this period shows he was awarded or authorized: (1) Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized): * Army Good Conduct Medal * Korea Service Medal with three bronze service stars * United Nations Service Medal * Army of Occupation Medal with Japan clasp * National Defense Service Medal (2) Item 27 (Wounds Received as a Result of Action with Enemy Forces) – none. 8. On 16 December 1958, he reenlisted in the Regular Army (RA). 9. Headquarters, 4th Armored Division issued General Orders (GO) Number 59, 14 May 1964, awarding him the ARCOM for dates of action from 25 September 1962 to 7 May 1964 while assigned to Germany Adjutant General Section, 1st Battalion, 51st Infantry, 4th Armored Division. 10. On 15 December 1964 he was honorably discharged by reason of ETS. His DD Form 214 for this period shows in: (1) Item 26: * Army Good Conduct Medal (2nd Award) * Army of Occupation Medal * Certificate of Achievement * two Letters of Commendation (2) Item 24c (Foreign and/or Sea Service) – 4 years, 11 months, and 8 days. (3) Item 27 – no wounds. 11. On 16 December 1964, he reenlisted in the RA for 6 years. 12. Headquarters, Fort Polk, issued GO Number 72, 25 April 1966 awarded him the ARCOM (1st OLC) for meritorious service on the actions dates 25 February 1965 to 24 March 1966, while assigned to AIT Company, Committee Group, Fort Polk. 13. He was deployed to Vietnam from 4 May1966 to 3 May 1967 and was assigned to Company B, 2nd Battalion, 18th Infantry, 1st Infantry Division. 14. Headquarters, 1st Infantry Division, issued: (1) General Orders Number 1298, awarding him the PH with a date of action of 30 June 1966 for wounds received in connection with military operations against a hostile force. (2) General Orders Number 4145, 30 December 1966, awarding him the BSM with "V" Device for the dates of action 30 June 1966 to 2 July 1966. The citation reads, in part: "For heroism in connection with military operations against a hostile force. During this period, [the FSM] was participating in a search and destroy operations in Loc Ninh Province. His unit had moved through the dense juggles on a sweep and was establishing a defensive perimeter for the night, when it was suddenly engaged by a large Viet Cong force. Although the area was raked with the insurgents' small arms, grenade, rocket, and mortar fire, [the FSM] demonstrated outstanding valor and exemplary courage while inflicting heavy casualties upon the Viet Cong. With complete disregard for his personal safety, he continually exposed himself to the intense hostile fire in order to place his own highly effective fire upon insurgent positions. Through three days of heavy fighting, he left his shelter numerous times in order to distribute much needed ammunition to the men in his charge and to direct their fire. When his unit sustained casualties, he reacted immediately and supervised the extraction of the wounded and the recovery of their equipment. [FSM's] only concern during the entire engagement was the successful completion of his mission. The rapidity and aggressiveness with which he gave orders to his men was in large measure responsible for his company's outstanding victory. […]" (3) General Orders Number 2528, 21 April 1967, awarding him the AM (Air Medal) for the period 25 May 1966 to 12 December 1966. 15. He was deployed to Vietnam from 6 June 1969 to 5 June 1970 and assigned to: * Company A, 1st Battalion, 12th Infantry, 4th Infantry Division from 16 September 1969 to 5 June 1970 * Headquarters and Headquarters Company, 4th Infantry Division, from 16 September 1969 to 5 June 1970 16. Headquarters, 4th Infantry Division, issued: (1) General Orders Number 2697, 1 May 1970, awarding him the BSM (2nd OLC) for meritorious achievement in connection with military operations against a hostile force in Vietnam from June 1969 to June 1970. (2) General Orders Number 2749, 4 May 1970, awarding him the BSM (2nd OLC) for meritorious achievement in connection with military operations against a hostile force in Vietnam from 4 June 1969 to 30 April 1970. 17. On 18 December 1970, he was honorably discharged by reason of ETS. His DD Form 214 for this period shows he was awarded: * Combat Infantryman Badge (2nd Award) * National Defense Service Medal with bronze star * PH * Republic of Vietnam Campaign Medal with Device 1960 * BSM with "V" Device (3rd OLC) * ARCOM (1st OLC) * Air Medal * Army Good Conduct Medal (3rd Award) * Republic of Vietnam Gallantry Cross with silver star * Republic of Vietnam Gallantry Cross with Palm Unit Citation 18. On 19 December 1970, he reenlisted in the RA for a period of 6 years at grade/pay grade first sergeant/E-8. He reenlisted again on 21 September 1976. 19. His DA Form 2-1 (Enlisted Qualification Record), 1977 shows he completed foreign service: * EURA-Germany, 5 June 1959 to 12 May 1964, 59 months * FEPA-Vietnam, 4 May 1966 to 3 May 1967, 12 months * EURA-Germany, 11 May 1967 to 24 March 1969, 22 months * FEPA-Vietnam, 6 June 1969 to 5 June 1970, 12 months * EURA-Germany, 6 June 1970 to 27 May 1977 20. Headquarters, 3d Armored Division, issued PO 57-3, 3 May 1977, awarded him the Meritorious Service Medal. 21. Headquarters, U.S. Army Training and Doctrine Command issued PO, 14 August 1979, awarded him the Legion of Merit. 22. On 31 December 1979, he was retired at the grade/pay grade command sergeant major/E-9. His DD Form 214 for the period 21 August 1976 to 31 December 1979 shows in block 13 (Decorations, Medal, Badges, Citations, and Campaign Ribbons Awarded or Authorized): * Army of Occupation Medal [no clasp is shown] should show Japan clasp * National Defense Service Medal with bronze service star * Combat Infantryman Badge * Korea Service Medal * Vietnam Service Medal with one silver service star and one bronze service star * Republic of Vietnam Campaign Medal with Device (1960) * Legion of Merit * Purple Heart * Bronze Star Medal (4th Award) * Air Medal * Army Commendation Medal (2nd Award) * Republic of Vietnam Gallantry Cross with silver star * Republic of Vietnam Gallantry Cross with Palm Unit Citation * six overseas service bars, * Army Good Conduct Medal (7th Award) * Meritorious Service Medal 23. On 1 June 2010 and in ABCMR Docket Number AR20090020485, ABCMR granted the applicant partial relief for awards amendments to the FSM's DD Form 214 for the period ending 31 December 1979. (1) The Board granted awards of: * Army Good Conduct Medals (1st Award through 9th Award) (amendment to show additional AGCM 7th through 9th awards) * Deleted all entries from item 13 of his DD Form 214 for this period * Adding the following entries to item 13 of his DD form 214 for this period (2) The Board found the evidence presented was insufficient to warrant a portion of the requested relief for three additional awards of the PH. 24. On 27 October 2010, the ABCMR issued a new DD Form 215 (Correction to DD Form 214) correcting the FSM's DD Form 214 (31 December 1979) to show: Legion of Merit, Bronze Star Medal with 3rd OLC and "V" Device, MSM, PH, AM, ARCOM with 1st OLC, NDSM with bronze service star, Army of Occupation Medal with Japan clasp, Vietnam Service Medal with one silver service star and one bronze service star (six campaigns), Korea Service Medal with three bronze service stars, United Nations Service Medal, Combat Infantryman Badge (2nd Award), Republic of Vietnam Campaign Medal with device (1960), Republic of Vietnam Gallantry Cross with silver star, six overseas service bars, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), AGCM (9th Award), Korea Defense Service Medal, Republic of Korea War Service Medal, Presidential Unit Citation, Republic of Korea-Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation (3rd Award), Republic of Vietnam Civil Actions Honors Medal First Class Unit Citation (2nd Award), and Meritorious Unit Commendation (2nd Award). 25. HRC Permanent Order 182-18, 1 July 2015, awarded the FSM the Silver Star for valor for the period of service 21 March 1967. This order superseded any previous issued order that may have been published announcing this award. 26. On 17 July 2015, HRC issued a new DD Form 215 correcting the FSM's DD Form 214 for the period ending 31 December 1979, to show award of the Silver Star. 27. The FSM's name is shown on Vietnam Casualty Roster as having been wounded on 30 June 1966 in Vietnam. However, there is no listing of a second or a subsequent wound/injury. [Note, item 14 above, General Orders Number 1298, awarding him the PH with a date of action of 30 June 1966 for wounds received in connection with military operations against a hostile force]. 28. There are no general orders in the FSM's records showing he was awarded additional awards of the PH. 29. The FSM's service records and limited medical records show no entry of a combat wound, injury, or treatment. 30. On 19 November 2019 and in ABCMR Docket AR20160016290, the Board denied his request for amendment of the FSM's GO Number 4145, issued by HQ, 1st Infantry Division, to show dates of action as 5 November 1966 to 7 November 1966 instead of 30 June 1966 to 2 July 1966; the location of the action as near the Village of Loc Ninh instead of Loc Ninh Province. 31. The applicant provided 1002 pages of additional evidence for Board consideration, many of which include an associated self-authored narrative from the applicant of these documents. These documents are labeled as Table of Contents (TOC) number 1 through TOC 31. He subsequently provided additional evidence of a hard copy book; earmarking excerpts from the book, 'Darkness Bravo, A Soldier Remembers (1966- 1967, 1968-1969)', by . These TOCs include: a. TOC 1 – Reconsideration Letter to the ABCMR, 9 November 2020. In this letter the applicant requests reconsideration of his previous request to amend GO Number b. TOC 2 – Applicant's letter to Senator John Cornyn, 4 September 2020, requesting reconsideration for the Silver Star w OLC. c. TOC 3 – ABCMR denial letter, with ABCMR Docket AR20160016290, 13 February 2020. The applicant requested amendment of GO Number 4145 to show a the FSM's award of the BSM with "V" Device dates of action as 6 November 1966 to 8 November 1966 instead of 30 June 1966 to 2 July 1966. d. TOC 4 – Applicants letter to the ABCMR requesting reconsideration of his request in ABCMR Docket AR20160016290. In this request the applicant outlines new arguments with new and material evidence in a 3-page letter. The applicant states, in effect it is possible to factually prove two different awards were made: a Silver Star for the period 30 June 1966 to 2 July 1966. This would in effect be an amendment of Headquarters, 1st Infantry Division, GO Number 4145 to show he was awarded the Silver Star instead of the BSM with "V" Device for the period 30 June 1966 to 2 July 1966. He also states in effect evidence factually proves a BSM with "V" Device should be awarded for the period 5 November 1966 to 7 November 1966. e. TOC 5 – New and Material evidence provided by the applicant contains 45 pages of sketch maps of the Battle of Srok Dong and Ho Krignou, Vietnam, with a narrative of troop battle movements, engagements with enemy forces, and the key friendly elements involved from 30 June 1966 to 2 July 1966. This detailed narrative contains the applicant's commentary of this battle with the FSM's role in his unit which was designated as the "Rapid Reaction Force" (RRF) (B Company, 2nd Battalion, 18th Infantry Regiment). It also contains an Operation Attleboro After-Action Report (Declassified) which he compares to the Battle of Srok Dong and Ho Krignou, Vietnam. He notes, in part: * The award of the BSM with "V" Device narrative did not provide evidence to battlefield terrain outlined in the sketch maps of the Battle of Srok Dong and Ho Krignou * The FSM's unit was designated RRF, not "Search and Destroy" (SAD) * The fighting was not in dense jungle as outlined in the sketch maps * The BSM with "V" Device citation references SAD combat activity which the Operation Attleboro After Action Report (declassified) describes * Operation Attleboro took place in Tay Ninh Province, Vietnam, and is consistent with the FSM's BSM-V narrative * ABCMR did not recognize the contradictions in the FSM's BSM with "V" Device narrative * The FSM's BSM with "V" Device narrative should have been amended to show 5 November 1966 to 7 November 1966 instead of 30 June 1966 to 2 July 1966 f. TOC 6 – HRC process errors outlined in a 15-page narrative. This narrative contains, in part, color maps of Tay Ninh Province, Vietnam, describing troop battle movements, engagements with enemy forces, and the key friendly elements involved in Operation Attleboro from 14 September 1966 to 24 November 1966. The applicant notes, in part and in effect: * The Battle of Srok Dong and Ho Kringnou report of Operation El Paso II does not include the key words or align with the key phrases described in citation of the FSM's BSM with "V" Device awarded for his actions on 30 June 1966 to 2 July 1966 * The dates and location of the Battle of Attleboro are consistent in describing the FSM's BSM with "V" Device narrative for 30 June 1966 to 2 July 1966 * Had the destroyed DA Form 157-R been available it would have contained the typographical errors showing the dates and location of this award that are in question * The FSM's BSM with "V" Device citation for 30 June 1966 to 2 July 1966 describing his actions, did not occur at night, it did not take place in dense jungles, and it did not involve a sweep/defensive perimeter, but his unit, B Company, 2/18 did these things on the night of 5 November 1966 * HRC and ABCMR discounted eyewitness testimony of the November 1966 fighting described in the letters from Soldiers who served with the FSM in combat during this period g. TOC 7 – ABCMR Process Review Errors outlined in a 16-page narrative. This narrative contains, in part, the previously referenced letter to Senator Cornyn outlining his request for ABCMR review, with a description of his contentions of errors in the ABCMR decision. h. TOC 8 – A 36 page exhaustive narrative of the errors made in the awards processed for the FSM in various issuances of DD Forms 214 during his career. i. TOC 9 – a declassified Narrative of the Battle of Srok Dong and Ho Kringnou, including battlefield maps, 30 June 1966 (Declassified on 15 July 2021). j. TOC 10 – a declassified After Action Report of Operation Attleboro, 5 November 1966 to 25 November 1966 (Declassified on 15 July 2021) with a declassified After Action Report of Combat Operation Battle Creek, 13 December 1966 (Declassified on 15 July 2021), in which the applicant highlighted aspects of these operations in support of his issues. k. TOC 11 – a letter he sent to Senator John Cornyn, 22 September 2016, with attachments, in which he requested assistance to correct mistakes made in regard to two Silver Stars not awarded to the FSM. l. TOC 12 – a letter he sent the HRC through Senator Cornyn, 3 February 2014, requesting approval of a posthumous award of the Silver Star for the FSM (1967). Attachments include letters from Soldiers who served with the FSM: Retired (Ret) Chaplain Col LTC (Ret) CSM . Key attachments include, in part: * The undated (c. 1996/7) hand-written letter from Mr. to the FSM in which he recounted seeing the FSM awarded his "Silver Stars" in the summer of 1966 and in February 1967 * The letter from CSM BCG, 22 September 2009, provided an eyewitness account of the FSM's actions during combat operations on 30 June 1966 to 2 July 1966 * A letter from COL (Ret) Chaplain WVG, 5 June 2009, providing insight into "impact awards" made by BG to those who distinguished themselves in battle, including the FSM * A letter from LTC (Ret) to the applicant, 21 December 2010, describing "Impact Awards" as being given by the 1st Infantry Division Commander, BG DePuy as a means of recognizing heroic actions immediately after the fighting while the unit was still in the field m. TOC 13 – a letter with attachments he sent to HRC through Senator 3 February 2014, requesting posthumous award of the Silver Star (1st OLC). In his letter, the applicant outlines the witness letters showing the FSM was awarded a Silver Star by GB Hollingsworth on 21 March 1967 but it was not recorded. This letter includes: * A DA Form 638 (Recommendation for Award), signed by ERF, a rifleman in the FSM's 2nd Platoon, Company B, 2/18 Infantry, 1st ID * A declassified Operational Report, 1st Infantry Division (Declassified on 15 July 2021) describing troop members and troop strength * A letter from 19 August 2009, who was a rifleman in 2nd Platoon, outlining the award of the Silver Star to the FSM in March 1967 * News stories of former Soldier return to Vietnam in March 1997 * A letter from MAJ (Ret) 30 July 2012, recollecting the March 1967 event in which the FSM singlehandedly took out an enemy bunker at a hot landing zone n. TOC 14 – A letter from HRC through his Senator, 17 April 2014, requesting more information regarding the applicants request for the Silver Star on behalf of the FSM, including a blank DA Form 638. o. TOC 15 – a delayed email to the applicant from his senator, 3 February 2015, notifying him of the response from HRC on 9 May 2014. p. TOC 16 – the applicant's response to HRC through his Senator with an enclosed completed DA form 638 and supporting documents, including six supporting letters along with biographical data of Soldiers who served with the FSM and witnessed his action in combat. q. TOC 17 – Awards and Decorations Branch, HRC recommendation for approval of the Silver Star on 29 June 2015. In the memorandum, HRC recommended approval of the Silver Star for the FSM's actions on 21 March 1967 but did not approve the applicant's request to upgrade the FSM's BSM with "V" Device for actions on 30 Jun 1966 to 2 July 1966. r. TOC 18 – Awards and Decorations Branch, HRC Permanent Orders 182-18, 1 July 1915, award of Silver Star for valorous actions on 21 March 1967. (Note: This order erroneously lists the date of action as 14 April 1972; should be 21 March 1967) s. TOC 19 – Awards of Decorations Branch, HRC memorandum, 17 July 2015, notifying the applicant and his family of the FSM's posthumous award of the Silver Star for valorous actions on 21 March 1967. t. TOC 20 – Awards and Decorations Branch, HRC memorandum, 18 August 2015, requesting the applicant provide them with more information regarding his request to upgrade the FSM's BSM with "V" device to award of the SS. u. TOC 21 – Applicant response to Awards and Decorations Branch, HRC memorandum request for more information, 8 September 2015. In his response the applicant provides a letter through his Congressman, John Cornyn with supporting documents, supporting his issue that the BSM with "V" Device awarded to the FSM was associated with Operation Attleboro on 6 November 1966 to 8 November 1966 and not during Operation El Paso on 30 June 1966 to 2 July 1966. His enclosures include, in part: (1) A letter outlining the fighting that took place in Tay Ninh Province, not Loc Ninh Province, Vietnam. His contentions are supported by two letters outlining more detail of the combat actions during Operation Attleboro on 6 November 1966 to 8 November 1966; COL (Ret) Chaplain . * A letter from Mr. 17 July 2015, elaborates on the detail of the FSM's actions taken on the day and night of 6 November 1966 to 8 November 1966, including a right arm wound or injury incurred during the early stages of the battle * A letter from COL (Ret) Chaplain 6 September 2015, elaborating on the detain of the FSM's actions on 6 November 1966 to 8 November 1966, stating the BSM with "V" Device dates are inaccurate based on the description differences of Operations Attleboro and El Paso (2) A 1st Infantry Division Lessons Learned Report for 1 May 1966 to 31 July 1966, detailing the Battles of Srok Dong and Ho Krignou, Vietnam. This 9 page report contains maps and a description of troop movements. (3) HQ, 1st Infantry Division, GO Number 1298, awarding the FSM to PH for action on 30 June 1966. (4) A message from MG DePuy, 30 June 1966, congratulating 2/18th Infantry Regiment for its victory during the June Battle of Route 13 (30 June 1966, Operation El Paso II). (5) A Copy of Army GO 31, not mentioning 2/18 Infantry Regimental efforts which is not consistent with the BSM with "V" Device awarded to the FSM. (6) Battle of Ap Cha Do, Vietnam, Vietnam Helicopter Pilots Association, information of the 1st Infantry Division during Operation Attleboro, 8 November 1966. (7) A Wikipedia description of Operation Attleboro. (8) A published report from the History Net webpage, 20 July 2011, outlining details of Operation Attleboro. (9) BG biography. (10) Book excerpts from Vietnam Order of Battle, CPT (Ret) (11) Wikipedia First Battle of Loc Ninh, Vietnam, (12) Battles of Loc Ninh, Vietnam, 29 October 1967 to 10 December 1967 and 4 April 1972 to 7 April 1972. v. TOC 22 – Awards and Decorations Branch, HRC, memorandum, 21 September 2015, with attachments, to the applicant's congressman requesting more information. This request is in response to the applicant's inquiry of 10 September 2015 concerning a recommendation to award the Silver Star to the FSM. This response contains more substantial information to allow the HRC to conduct a more diligent review of the FSM's award of the BSM with "V" Device. w. TOC 23 – The Applicant's response by letter to the HRC on 22 November 2015. Attachments include: * Commander, U.S. Military Advisory Assistance Command-Vietnam (COMUSMACV) Joint Operations Report, 4 November 1966 to 7 November 1966 (Declassified on 15 July 2021) * Project Contemporary Historical Evaluation of Combat Operations, Southeast Asia Report, Operation Attleboro, 14 April 1967 (Declassified on 15 July 2021) * Center of Military History, U.S. Army in Vietnam, October 1966 to October 1967 (Published 1998) * Color maps of Operation Attleboro * HQ, 1st Infantry Division, GO Number 4145, 30 December 1966 x. TOC 24 – Applicant response email to his senator, 1 December 2015, with links to information on Operation Attleboro. y. TOC 25 – Applicant response email to his senator, 16 February 2015, with a content request for documents from a university regarding Operation Attleboro. This response included a copy of Project CHECO Southeast Asia Report, 14 April 1967, outlining Operation Attleboro z. TOC 26 – Awards and Decorations Branch, HRC letter to Senator 16 March 2016, notifying the applicant it was unable to take his request into consideration because he had not provided it with the original recommendation for the award required to assess the merits of the case. aa. TOC 27 – Applicant response to his senator, 30 March 2016. This response consists of a letter with orders of awards to other Soldiers of the FSM's unit. bb. TOC 28 – Awards and Decorations Branch, HRC letter to Senator 26 July 2016, notifying the applicant notifying the applicant it was still unable to take his request into consideration because he had not provided it with the original recommendation for the award required to assess the merits of the case. (1) The HRC conducted a full review of the case to ensure that all prescribed procedures had been met to fulfill his request. The HRC staff concluded there was no material evidence that the 1st Infantry Division made a mistake which issuing the GO in 1966 authorizing the BSM with "V" Device. Specifically, they found that it was common for the 1st Infantry Division to annotate an effective date for an award that processed for an extensive period of time after the date of the action. (2) Based on their assessment, HRC concluded that the events described in the narrative published in GO 4145, 30 December 1966, announcing the BSM with "V" Device were for actions that occurred during operation El Paso II, outlined in the after-action reports for 1st Infantry Division. However, without a copy of the original recommendation for award, it was unable to support his request. (3) HRC recommended the applicant inquire with the National Archives for the necessary documents to fulfill his request. cc. TOC 29 – The applicant responded to HRC with a letter to Senator rebutting the HRC decision. dd. TOC 30 – National Archives response to applicant, 25 August 2016. In their response the National Archives notified the applicant that up until 1969, awards case files were routinely disposed after their administrative purpose had been served. There were no records to search for his request. The National Archives further described the efforts they took to search for the FSM's records in their files. ee. TOC 31 – Awards and Decorations Branch, HRC letter to 16 March 2016, notifying the applicant his next course of action was to apply to the ABCMR. ff. Additional Evidence provided on 18 June 2021 included the book, 'Darkness Bravo, A Soldier Remembers (1966-1967, 1968-1969)', by . This evidence contains an introductory letter from the applicant and duplicates of his DD Forms 149 applications. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition and available military records the Board determined there was insufficient evidence in the FSM’s record that shows the FSM was wounded or injured a second, third or fourth time as a result of enemy actions that resulted in military treatment. The Board agreed the FSM did not meet regulatory guidance criteria for award of the Armed Forces Expeditionary Medal (AFEM). The Board determined that photos submitted are not sufficient enough as a means to verify the FSM was award the Army Commendation Medal with "V" device absent an official DA Form 638 (Recommendation for Award) along with orders stating approval. 2. Additionally, the Board agreed this is the highest award for valor, but determined that no documentation was provided or found within the record showing the applicant was ever awarded the requested Silver Star Medal. The Board found there was insufficient evidence to support the contentions for award for the former service member. 3. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. 4. The applicant’s request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 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: Except for the correction addressed in Administrative Note(s) below, the Board found 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 to amend the decision of the ABCMR set forth in Docket Numbers AR20090020485 on 1 June 2010 and Docket Number AR20160016290 on 19 November 2019. 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): The applicant's records contain sufficient evidence to support additional awards not shown on his DD Form 214. His DD Form 214 will be administratively corrected without Board action to show: * award of the Armed Forces Reserve Medal (AFRM) for his activation to Active Duty from 1 September 1950 to 25 June 1952 while in the RC * completed service in Vietnam: * 4 May 1966 to 3 May 1967 * 6 June 1969 to 5 June 1970 REFERENCES: 1. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. a. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. b. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR rt1ay grant a formal hearing whenever justice requires. 2. Army Regulation 600-8-22 (Military Awards), now in effect, 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 Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. c. The Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record. The Purple Heart differs from all other decorations in that an individual is not "recommended" for the decoration; rather, he or she is entitled to it upon meeting specific criteria. A Purple Heart is authorized for the first wound suffered under conditions indicated above; an oak leaf cluster is awarded to be worn on the medal or ribbon for each subsequent award. Not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent. d. The Armed Forces Expeditionary Medal (AFEM) may be awarded to service members of the Armed Forces of the United States who, after 1 July 1958: (1) Participate, or have participated, as members of the U.S. military units in a U.S. military operation in which service members of any military department participate, in the opinion of the Joint Chiefs of Staff, in significant numbers. (2) Encounter during such participation foreign-armed opposition, or are otherwise placed, or have been placed, in such position that, in the opinion of the Joint Chiefs of Staff, hostile action by foreign armed forces were imminent even though it did not materialize. (3) The AFEM may be authorized for the following three categories of operations: * U.S. military operations (see table 2-3) * U.S. operations in direct support of the United Nations (UN) (table 2-4) * U.S. operations of assistance for friendly foreign nations (table 2-5) (4) Service members must be bona fide members of a unit participating in or be engaged in the direct support of the operation for 30 consecutive days in the area of operations (or for the full period when an operation is less than 30 days duration) or for 60 nonconsecutive days provided this support involved entering the area of operations or and meets one or more of the following criteria: (a) Be engaged in actual combat, or duty, which is equally as hazardous as combat duty, during the operation with armed opposition, regardless of time in the area. (b) Is wounded or injured and requires medical evacuation from the AOE while participating in the operation, regardless of time. (c) Accumulates required days service (consecutive or nonconsecutive) while participating as a regularly assigned air crewmember of an aircraft flying sorties into, out of, within, or over the area in direct support of the military operation. One day’s service is credited for the first sortie flown on any day. Additional sorties flown on the same day receive no further credit. (5) Table 2-3 provides U.S. military operations areas and dates and provides this award for military operations in Berlin from 14 August 1961 to 1 June 1963. e. The Army of Occupation Medal was established by War Department General Orders 32, 1946. It is awarded for service for 30 consecutive days at a normal post of duty (as contrasted to inspector, visitor, courier, escort, passenger, TDY, or detached service) while assigned to any of the following: (1) Army of Occupation of Germany (exclusive of Berlin) between 9 May 1945 and 5 May 1955. (2) Army of Occupation of Berlin between 9 May 1945 and 2 October 1990. f. The AFRM was established, as announced in DA Bulletin 15, 1950, and was amended by Executive Order (EO) 10439, announced in DA Bulletin 3, 1953 and EO 13013, 6 August 1996. (1) The AFRM recognizes Service members or former Service members of the RC (including Active Guard Reserve (AGR)) who have: * Completed a total of 10 years of honorable military service in the RC * Been called to active duty and served under specific statutory conditions * Volunteered and served on active duty in support of designated US military operations or contingencies (2) The AFRM is awarded by the unit commander for honorable and satisfactory Service as a member or former member of one or more of the RCs of the Armed Forces of the United States. g. The bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze "V" device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal. h. The Oak Leaf Cluster is a bronze or silver twig of four oak leaves with three acorns on the stem, 13/32 inch long for the suspension ribbon, and 5/16 inch long for the service ribbon bar and the unit award emblem is issued to denote award of second and succeeding awards of decorations. A silver oak leaf cluster is worn instead of five bronze oak leaf clusters. i. To signify receipt of a second or subsequent award of the NDSM, a bronze service star will be worn on the Service ribbon by U.S. Army personnel so qualified. 4. U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards), in effect at the time, prescribed policies, responsibilities, and criteria for awards in order to insure prompt and proper recognition of individuals. The regulation stated: a. The Purple Heart may be awarded to U.S. personnel who are wounded or killed in action as a direct result of enemy action. b. A wound for which the award is made must have required treatment by a medical officer and records of medical treatment for wounds or injuries received must have been made a matter of official record. c. Authority to award the Purple Heart was delegated to hospital commanders. Further, it directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual was assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment. 5. 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 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 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 Title 10 USC 1130. 6. 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 Title 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. 6. Army Regulation 635-5 (Separations Documents), in effect at the time, prescribed the separation documents that would be furnished each individual who is separated from the Army. It established standardized procedures for the preparation and distribution of these documents. All available records would be used as a basis for the preparation of the DD Form 214, including DA Form 20, and orders. a. Army Regulation 635-5 effective 1 October 1979, stated a DD Form 214 would not be prepared for enlisted members discharged for immediate reenlistment in the Regular Army. b. The instructions for item 12a (Date Entered Active Duty This Period) stated to enter the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued. c. The instructions for item 12b (Separation Date This Period) stated self- explanatory, meaning enter the date of separation from active duty. d. The instructions for item 12c (Net Active Service this Period) stated all service entered will be less time lost under Title 10 U.S.C. Section 972 and time lost after expiration of term of service. e. The instructions for item 13 (Decorations, Medal, Badges, Citations and Campaign Ribbons Awarded or Authorized) state self-explanatory, meaning enter all awards and decorations authorized during the period covered by the DD Form 214. f. In item 22c enter total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed, e.g., "Foreign and/or Sea Service (USAREUR) [U.S. Army Europe, (USARPAC) U.S. Army Pacific]" g. In item 30 (Remarks) enter inclusive dates of service in Vietnam during current period of service. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210011717 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1