IN THE CASE OF:
BOARD DATE: 24 May 2012
DOCKET NUMBER: AR20110023436
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests reconsideration of his earlier request to amend the citation (narrative reason) in the lead line of Headquarters, 1st Cavalry Division (Airmobile) General Orders (GO) Number (#) 4877, dated 2 April 1970.
2. The applicant states the recommending official (a battalion commander), now a retired general officer, provides a supporting letter, along with five enclosures, that reiterates the purpose and reason for this request.
3. The applicant provides the following documents in support of the request:
* Former Battalion Commander (Recommending Official) letter, dated
11 April 2011, with proposed citation
* Fellow Company Commander letters, dated 17 and 18 February 2011
* Headquarters, 1st Cavalry Division (Airmobile) GO #4878, dated 2 April 1970
CONSIDERATION OF EVIDENCE:
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 AR20090019525 on 25 May 2010.
2. During the original review of the applicant's case the Board granted partial relief by amending the award order in question by changing the date of action for which the applicant was awarded the Silver Star (SS). The Board also concluded the request to change the narrative reason in the SS orders submitted by the applicant's battalion commander at the time was the result of retrospective thinking and as a result the narrative reason should not be changed.
3. The applicant now provides a letter from his former battalion commander, now a retired general officer, who was the award recommending official. Included with this letter were letters from two fellow company commanders who outlined the facts and circumstances surrounding the action that resulted in the applicant being awarded the SS and a proposed citation (narrative reason). The recommending official also provided an SS order for another officer not involved in the action that resulted in the applicant being awarded the SS that contains a narrative reason worded almost exactly as the applicant's. He claims this officer was not in the unit listed on the orders, which was the applicant's unit, and suggests at least some of the administrative responsibilities within the division were lax (perhaps boiler plate citations were used).
4. The evidence of record confirms that Headquarters, 1st Cavalry Division (Airmobile) GO #4877, dated 2 April 1970, as amended by Army Review Boards Agency Permanent Orders 194-01, dated 13 July 2010, awarded the applicant the SS for heroic actions in the Republic of Vietnam (RVN) on 26 March 1970.
5. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Paragraph 3-10 contains guidance on award of the SS and states it is awarded for gallantry in action. The award citation/narrative contained in the award orders should be provided by the recommending official listed on the DA Form 638 (Recommendation for Award).
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to amend the narrative reason in the lead line of Headquarters, 1st Cavalry Division (Airmobile) GO #4877, dated 2 April 1970, has again been carefully considered and found to have merit.
2. Based on the evidence that was available during the original review, the Board was correct in concluding the request to change the narrative reason on the above order was based on retrospective thinking on the part of the recommending official.
3. However, based on the facts and circumstances surrounding the action that resulted in the applicant being awarded the SS as presented by the recommending official and his fellow company commanders, coupled with the fact that the SS order provided on another officer supports the recommending official's assertion of administrative errors in the division's awards procedures that allowed boiler plate narratives instead of the proposed citation provided with the DA Form 638, is sufficient to support that an administrative error occurred.
4. Therefore, in view of this new evidence and given the applicant's heroism in action it would be appropriate and serve the interest of equity to amend the SS orders by deleting the current citation and replacing it with the proposed citation now provided by the recommending official.
BOARD VOTE:
___X____ __X____ __X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMRs decision in Docket Number AR AR20090019525, on 25 May 2010. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by appropriately amending Headquarters, 1st Cavalry Division (Airmobile) General Order Number 4877, dated 2 April 1970, by deleting the current citation narrative and replacing it with the proposed citation narrative provided by the recommending official with this request.
__________X______________
CHAIRPERSON
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.
ABCMR Record of Proceedings (cont) AR20110023436
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ABCMR Record of Proceedings (cont) AR20110023436
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