RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            29 March 2005
      DOCKET NUMBER:   AR20040004355


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. Patrick H. McGann             |     |Member               |
|     |Ms. Susan A. Powers               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his Silver Star be upgraded to the Medal of
Honor.

2.  The applicant states that his commanding officer stated he attempted to
put him in for the Medal of Honor but was discouraged because he (the
applicant) survived.

3.  The applicant provides a photograph of apparently himself in the
hospital; a  6-page letter dated 13 April 1995 from his commanding officer;
a 4-page letter dated 22 September 1998 from a helicopter pilot; an undated
3-page letter from another helicopter pilot; a Resolution of the Oglala
Sioux Tribal Council with cover letter dated 3 August 1998; a letter dated
18 April 2000 from Chief O__ R__ C__; a letter dated 24 June 1999 from
Senator B___; an undated 6-page letter from a Soldier in the same Long
Range Reconnaissance Patrol (LRRP) unit the applicant was in; a 3-page
Recommendation for Award of the Congressional Medal of Honor dated 11
September 1998 from another Soldier in the same LRRP unit the applicant was
in; a 4-page article from an unknown document entitled, "Lacey Lurps;" a 1-
page article from an unknown document headlined, "L Co Ranger 75th Inf;" a
1-page article from an unknown document headlined "Hero deserves further
honor from country…;"a 1-page newspaper article dated 13 June 1998; and a 1-
page article from an unknown document headlined, "Ranger Recollections."

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 12 April 1968.  He
completed basic combat training and advanced individual training and was
awarded military occupational specialty 11B (Light Weapons Infantryman).
He arrived in Vietnam and was assigned to Company F, 58th Infantry (Long
Range Patrol) (later redesignated Company L, (Ranger), 75th Infantry) on 18
June 1968.

2.  In his 13 April 1995 letter, the applicant's former commander stated
that, on the evening of 19 November 1968, they inserted a "heavy team" of
12 men deep into enemy territory about 30 miles from their forward
operational base.  There were reports of a major Viet Cong/North Vietnamese
Army build-up in the area.  Enemy strength was reported to be as high as
10,000 to 15,000 in the proposed reconnaissance zone.  He was extremely
uneasy about sending his team into an area where they would be outnumbered
by 1,000 to 1.

3.  The applicant's former commander continued that the landing zone proved
to be covered with 12- to 20-foot tall elephant grass and fallen logs.  It
was impossible for the insertion ships to actually land but the team leader
decided to go in anyway, even though it meant a 20-foot drop from the
helicopter with full equipment.  The Assistant Team Leader broke both
ankles on the insertion.  The team moved off the landing zone and laid up
for the night next to a trail where they monitored heavy enemy traffic most
of the night.  By first light, the Assistant Team Leader's ankles were
swollen so badly he was incapacitated.  The applicant and another man
volunteered to accompany him to the landing zone where they saw to his
extraction and then returned to the team's position.

4.  The applicant's former commander continued that, shortly thereafter, a
small group of enemy passed on the trail, and shortly after that a group of
10 enemy approached.  The team leader initiated an ambush.  Nine of the
enemy were immediately killed with one man fleeing to spread the alarm.
The applicant and another man gave chase but were unable to stop him.  The
commander was upset and mystified by the decision to spring an ambush but
he immediately called for the team's extraction.  To his rage, the promised
helicopter support had been pulled for another mission.  The team soon
began to receive small arms fire.  He received gunship support but it was
necessary to get an exact visual fix on the team's location before the
gunships could be employed.  Sergeant V__ moved to flash a signal mirror to
him in the Command and Control helicopter and was shot.  Braving an
increasing volume of enemy fire, the applicant and another man charged
forward and dragged Sergeant V___ back to the team's position.  The
applicant was then instrumental in laying down covering fire while Sergeant
V___ was extracted.

5.  The applicant's former commander continued that the team was under
constant fire from at least two directions.  The applicant had two weapons
and was almost single-handedly holding back the enemy at the western
approach to the team's position.  Things got worse when he returned to the
area after having the helicopters refueled.  The enemy had moved a 40-pound
anti-personnel mine close to the team's position.  The mine swept the knoll
where the team was fighting for its life, killing three immediately,
mortally wounding the team leader, and cutting down and wounding every man
on the team.  The applicant was by far the most seriously wounded of those
still conscious.  His right forearm was shattered, his intestines were
spilled into his lap, and he suffered numerous other, lesser wounds.  Yet,
he tied back his dangling hand, tried to shove his intestines back inside
with a sweat towel, and went right back to work, firing both his weapons in
turn, using only one hand.

6.  The applicant's former commander continued that he managed to get a
medical evacuation helicopter on station but the jungle penetrator landed
in the midst of the enemy.  Specialist W___, the one man still able to use
his legs, ran into the midst of the enemy to recover the penetrator and
drag it back to the team's position, with the applicant providing covering
fire.  Specialist W___ and Specialist L___ then secured and evacuated the
wounded, while the applicant single-handedly kept the enemy at bay.  For
this feat, Specialist W___ was later awarded the Distinguished Service
Cross, but it would have been impossible without the extremely effective
covering fire of the applicant.  Despite the life-threatening severity of
his wounds, the applicant refused evacuation, thereby saving the lives of
his remaining comrades.  He held his position for the next two and a half
hours, driving back at least two platoon-sized enemy assaults and holding
at bay a much larger enemy force.  For most of that time, the applicant was
the only man capable of effectively employing a weapon.  In his case, he
employed two weapons and threw hand grenades, and did it with only one
hand.

7.  The applicant's former commander continued that, when at last the
reaction force came on the scene, the applicant saved the lives of more
than a dozen of his comrades on the reaction force and the air crew by
using his shotgun to kill a nearby enemy soldier who was preparing to fire
on their low-flying helicopter.  He still refused evacuation with the
reaction force until he was reassured that all the other wounded had
already been evacuated.  The initial reports he received from the hospital
were that the applicant was not expected to survive.  The applicant did,
however, and later he voluntarily returned to resume his duties as a LRRP
team member.  By that time, Specialist W___ had already been recommended
for the Medal of Honor (later downgraded to a richly deserved Distinguished
Service Cross) and he was discouraged from making another Medal of Honor
recommendation even though it was then apparent that the most conspicuous
valor shown on that day was that of the applicant.

8.  The applicant was medically evacuated to Walter Reed Army Medical
Center.

9.  The applicant was awarded the Silver Star for his actions on 20
November 1968 on Headquarters, 101st Airborne Division General Orders
Number 1333 dated 7 February 1969.

10.  The applicant was returned to duty and, according to his Medical
Evaluation Board Narrative Summary and a temporary DA Form 20 (Enlisted
Qualification Record), returned to Vietnam on or about 23 September 1969.
While demonstrating combat techniques to the troops he fell from a
helicopter about   40 feet.  About two days later he noted some discomfort
that turned out to be a large incisional hernia.  He was medically
evacuated to Walter Reed Army Medical Center.  He was placed on the
Temporary Disability Retired List on      30 October 1970 and permanently
retired on 1 December 1972.

11.  Records at the U. S. Army Human Resources Command revealed that the
applicant's case had been twice considered by the Awards Board and both
times the decision was made not to upgrade his Silver Star to the Medal of
Honor.
12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Medal of Honor is awarded by the President in the name of
Congress to a person who, while a member of the Army, distinguishes himself
conspicuously by gallantry and intrepidity at the risk of his life above
and beyond the call of duty while engaged in an action against an enemy of
the United States.

13.  Army Regulation 600-8-22 provides, in pertinent part, that the
Distinguished Service Cross is awarded to a person, who while serving in
any capacity with the Army, distinguished himself or herself by
extraordinary heroism while engaged in action against an enemy of the
United States not justifying award of the Medal of Honor.  The act or acts
of heroism must have been so notable and have involved risk of life so
extraordinary as to set the individual apart from his or her comrades.

14.  Army Regulation 600-8-22 provides, in pertinent part, that 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.

DISCUSSION AND CONCLUSIONS:

1.  According to the statement from the applicant's former commander, there
were two primary heroes during the action on 20 November 1968 – the
applicant and Specialist W___.

2.  The Board notes that the applicant was more severely wounded than
Specialist W___.  However, it was Specialist W___ who braved enemy fire by
running into the midst of the enemy to recover the penetrator and drag it
back to the team's position, with the applicant providing covering fire.

3.  The team's situation was far too perilous even to say that the
applicant remained in "relative safety" compared to Specialist W___.  The
Board also believes that, had the applicant been able to run, he would have
volunteered to recover the penetrator.  Nevertheless, the fact remains that
the applicant had weapons that he could bring to bear on the enemy and it
appears Specialist W___ did not during that particular deed.

4.  The Board acknowledges that the applicant's and the team's actions were
heroic during the entire period they were awaiting rescue.  However, the
commanders at the time made the decision that Specialist W___'s act of
heroism was so notable and involved risk of life so extraordinary as to set
him apart from his comrades and thus awarded him the Distinguished Service
Cross.  The commanders at the time made the decision that the applicant's
spirited and conspicuous acts of heroism and courage were performed with
marked distinction and so awarded him the Silver Star.

5.  The Board also acknowledges that the applicant performed another act of
bravery when he and another man charged forward and dragged Sergeant V___
back to the team's position, braving enemy fire.  However, since he
performed this act of bravery in concert with another man, the act did not
set him apart from his comrades (one facet of the degree of heroism
required for award of the Distinguished Service Cross).

6.  Given the facts of the case, the Board has determined that the
applicant's actions were not quite at the required degree of gallantry that
earned Specialist W___ the Distinguished Service Cross and thus do not
justify award of the Medal of Honor.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__mhm___  __phm___  __sap___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.




            ___Melvin H. Meyer____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040004355                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050329                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0001                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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