RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  12 April 2007
	DOCKET NUMBER:  AR20060011405 


	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. Gerard W. Schwartz

Acting Director

Ms. Wanda L. Waller

Analyst


The following members, a quorum, were present:


Mr. Curtis Greenway

Chairperson

Mr. Michael Flynn

Member

Mr. Edward Montgomery

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, as the widow of a deceased former service member (FSM), defers to the FSM’s former Commanding Officer on 26 March 1970, referred to hereafter as the FCO. 

2.  The FCO provides several statements of support.  The FCO requests that the FSM’s posthumous award of the Silver Star be upgraded to the Distinguished Service Cross.

3.  The FCO states that he was the FSM’s Commanding Officer on 26 March 1970 when the FSM distinguished himself by extraordinary heroism.  He states that he was the officer responsible for the original recommendation for award of the Silver Star 36 years ago and that he was an eyewitness to many of the FSM’s actions which he has now determined should have resulted in an award of the Distinguished Service Cross instead of the Silver Star.  In a witness statement, dated 28 October 2004, the FCO stated, in pertinent part, that “Throughout the battle, Sergeant [FSM’s last name] tank was within 20 meters of the command track and I directly observed all his movements.  Likewise, I was in a position to observe closely the combat circumstances in which he found himself.”   

4.  The FCO states that he is strongly supported in this request for award of the Distinguished Service Cross by a group of former members and commanders of the 11th Armored Cavalry Regiment.  He contends that their support for this action is based on their military experience as commanders in Vietnam as well as their long and distinguished service as senior military leaders for our nation.  He also states that there is a straightforward rationale for the upgrade of the FSM’s original award to the Silver Star.  The FSM received a decoration for his courageous actions during a battle that occurred on 26 March 1970 while he was a trooper assigned to Troop A, 1st Squadron, 11th Armored Cavalry Regiment.  He states that upon reflection and after gathering new information from Soldiers present at the scene of the action regarding the exploits of the FSM, he has concluded that the award of the Silver Star was inadequate when compared to his extraordinary heroism during that action.     

5.  The FCO points out that he submitted a request for upgrade to the Secretary of the Army under the provisions of Section 1130, Title 10, U.S. Code and that the Military Awards Branch (i.e. Army Decorations Board) denied consideration of this request for upgrade because a copy of the original recommendation for award was not forwarded with the Section 1130 action.  He states that a review of the FSM’s military personnel records, unit records, and U.S. Army Vietnam records at the National Archives did not produce a copy of the original recommendation for award.  In view of the action by the Military Awards Branch and the inability to find a copy of the original award recommendation, he appeals to this Board to correct this injustice to the FSM and his family.  

6.  In a 26 October 2005 letter to the Military Awards Branch, the FCO stated a research program was completed per the request of the Military Awards Branch to locate all previously undiscovered information concerning the combat activity [of the FSM’s unit].  Four new first-hand reports, of which two were from platoon leaders who led their respective units during the subject combat action, and one from the troop’s Executive Officer, who took command of A Troop on the evening of the subject actions.
7.  The FCO provides ten enclosures outlined in the Table of Contents.
CONSIDERATION OF EVIDENCE:

1.  The FSM enlisted on 24 October 1958, served as an armor crewman, and was honorably discharged on 14 December 1961 for immediate reenlistment.  He reenlisted on 15 December 1961, attained the rank of platoon sergeant on 
31 May 1966, and was honorably discharged on 14 December 1967 for immediate reenlistment.  He arrived in Vietnam on 3 November 1969.   

2.  On 26 March 1970, the FSM was killed in action.

3.  Headquarters, II Field Force Vietnam General Orders Number 1875, dated 
14 May 1970, show the FSM was awarded the Silver Star for gallantry in action on 26 March 1970. 

4.  In November 2004, a recommendation to upgrade the FSM’s Silver Star to award of the Distinguished Service Cross was submitted under the provisions of Section 1130, Title 10, United States Code, by a Member of Congress to the Secretary of the Army for consideration.  

5.  On 20 May 2005, the Army Decorations Board determined that the degree of action and service rendered did not meet the strict criteria for the proposed award.  Based on the Board’s recommendation, the Commanding General, United States Army Human Resources Command, on behalf of the Secretary of the Army, disapproved award of the Distinguished Service Cross, affirming that the previously approved award of the Silver Star was the appropriate award for the FSM’s actions.    

6.  A letter, dated 6 February 2006, from the Army Decorations Board to a Member of Congress states, in pertinent part, that “Unfortunately, the award recommendations for Mr. [the FSM’s last name], Mr. H___, and Mr. McN___ cannot be processed because they lack sufficient supporting documentation.  These recommendations do not contain copies of the original DA Form 638 (Recommendation for Award), with all endorsements, the citation, or a statement of additional justification.”

7.  In December 2004, the FCO published a book, The Anonymous Battle, on the events of 25/26 March 1970.  Below are some extracts from the book.  

Page 42  “As always, some leaders were more forceful than others.  On this daunting day, whenever there was a momentary lag in the advance (the FSM) thrust his Sheridan tank forward.  Each time, the third platoon followed faithfully…Despite the courageous exertions of (the FSM) and most of our troopers, it was becoming obvious that there were just too many of them and not enough of us.”

Page 43  “Smoke circulating around the turret and a scarred gun shield on (the FSM’s) Sheridan explained our helpless condition.  An RPG had landed squarely on his machine gun shield, punching a hole through it and his upper body.”

On page 88, in a preface to recollections, the FCO stated in part:  

“The recollections of the combat veterans of Alpha Troop are unusually vivid and occasionally discomforting.  Thus, some sensitive passages have been deleted from these reminiscences where their loss does not detract from the narrative.  More than enough raw emotion remains to convey the temper of the times.  Since these recollections are addressed to the men’s commanding officer of 34 years ago, they are positively biased toward me by the passage of time and by an undeserved measure of residual loyalty.”

Page 110 (recollection of SP4 Donald D___)  “We all came on-line at that point and opened up with everything we had…(The FSM’s) tank, on our immediate left…was frequently moving forward before any of the rest of us.  Then, there was a terrific explosion…I soon realized that something had happened to (the FSM’s) tank.”

Page 117  (recollection of SSG Pasqual G___) “The center column to my left had (the FSM) in the lead with (the FCO) behind him; the first platoon made up the left column.”  

Page 118  “A loud explosion came from my left and I turned to see (the FSM) whiplash backwards behind his gun shield as he was hit…”

Page 126 (recollection of Sergeant William D___) “I was the gunner on Sheridan tank A-37 and (the FSM) was our track commander…(The FSM) was a wonderful man.  Everybody liked him…(the FSM) had a kind of seriousness about him.  I guess he knew what we were heading for and he was solemn and acted different…(The FSM) opened up with the .50 caliber and I heard that familiar sound like so many times before.  He was laying a pattern of fire with the .50, and empty casings were falling down into the turret of the tank.  At the same time, he was directing me over the intercom which way to turn the turret…It was obvious (the FSM) was seeing them.  We were shooting for what seemed like forever and he and I and my loader were working together like a fine-oiled machine.  All of a sudden I didn’t hear the .50 anymore.  I called to (the FSM) over the intercom and he didn’t answer…”

Page 139 (recollections of Sergeant Ronald V___) (In the introduction to this recollection, the FCO stated, “The recommended citation for (the FSM’s) Distinguished Service Cross (Posthumous) follows this recollection from the trooper who describes (the FSM) as his best friend.”)  “I was still stuck when I heard that my best friend (the FSM) was KIA.”

8.  The FSM was mentioned in other recollections; however, the above extracts are samples of the most extensive and/or pertinent mentions.

9.  Army Regulation 600-8-22 (Military Awards) 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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
  
10.  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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record supports the FCO’s contention that the Army Decorations Board denied consideration of a request for upgrade submitted under the provisions of Section 1130 because a copy of the original recommendation for award was not forwarded with the Section 1130 action (per the Army Decorations Board’s 6 February 2006 letter to a Member of Congress). However, evidence of record also shows that an award recommendation for the Distinguished Service Cross was considered and disapproved by the Army Decorations Board in May 2005.  

2.  By the FCO’s own admission, he was the officer responsible for the original recommendation for award of the Silver Star for gallantry in action on 26 March 1970.  He has not presented any evidence that the award process or the decision by the appropriate award approval authority at the time of the FSM’s actions on 26 March 1970 was flawed or otherwise unjust, improper or inequitable.  Although he stated in his 26 October 2005 letter to the Military Awards Branch that a research program was completed and four new firsthand reports were discovered, these reports were not furnished to this Board for consideration.

3.  It is also noted that the FCO stated that throughout the battle the FSM’s tank was within 20 meters of the command track and he observed all (emphasis added) of the FSM’s movements.  Likewise, the FCO stated he was in a position to observe closely the combat circumstances in which he found himself. 

4.  The Board takes the FCO at his word.  He directly observed all the FSM’s movements at the time, and had all the facts of the combat circumstances at the time, and yet recommended the FSM for the Silver Star.  Presumably, the intermediate commanders who recommended approval of the Silver Star had been fully debriefed by the FCO after the battle.  They all had the opportunity to recommend upgrade of the award to the Distinguished Service Cross yet it appears none of them did so.  It is not clear what new facts the FCO could have discovered, more than 30 years later, that could warrant upgrading the FSM’s Silver Star to the Distinguished Service Cross.    

5.  The FCO’s book The Anonymous Battle, has been reviewed.  There is no compelling evidence in this book which warrants upgrading his award of the Silver Star to the Distinguished Service Cross.  

6.  Therefore, the 2005 decision of the Army Decorations Board that the Silver Star was the appropriate recognition for the FSM’s actions on 26 March 1970 is reaffirmed.

7.  This action in no way diminishes the heroism and sacrifice by the FSM in service to the United States.  His actions on 26 March 1970 were recognized with an award of the Silver Star for gallantry in action against an armed enemy and the FSM’s family and all Americans should be justifiably proud of his service in arms and the recognition of his heroism.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

CG_____  _MF_____  _EM____  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.


____Curtis Greenway___
          CHAIRPERSON




INDEX

CASE ID
AR20060011405
SUFFIX

RECON

DATE BOARDED
20070412
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107.0002
2.

3.

4.

5.

6.