BOARD DATE:	  5 September 2013

		DOCKET NUMBER:  AR20130002181 


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 correction of his records to show award of the Silver Star.  In effect, he requests that the Army Decorations Board, U.S. Army Human Resources Command's (HRC) disapproval of his request for award of the Silver Star be overturned. 

2.  The applicant states:

	a.  He was drafted against his religion and will.  He learned to obey orders, to kill and destroy life.  Discipline was forced down his throat as the code of honor, country, and duty.  He knew if he followed orders, he would be free to raise a family.  The day came, and with only 15 days left in Vietnam, he was ordered by his company commander to attack a company of North Vietnamese Army (NVA) soldiers.  Many good men were wounded for life and 10 good Soldiers sacrificed their lives on 18 September 1968.  This case is not about him but rather the officer's orders. Soldiers who follow their commander to their death should be entitled to what their commander recommended.  

	b.  From 1968 to June 2002, there had been many submissions to the Army Awards and Decorations Board with only refusal regardless of procedures, documents, and statements.  He submitted a request for award of the Silver Star through a Members of Congress, together with sworn statements from the company commander and battalion commander.  The Awards and Decorations Branch denied the request in 2003.  He resubmitted the request in 2008 with a new statement from the battalion commander but the Awards and Decorations Branch refuses to reconsider his case. 
3.  The applicant provides:

* An order to report for induction
* Self-authored letter, dated 28 March 2002, written to the National Personnel Records Center (NPRC)
* Letter, dated 7 June 1970, from his former commanding officer
* DA Form 20 (Enlisted Qualification Record)
* Letter, dated 20 May 2002, from NPRC
* Email, dated May 2013
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* DD Form 215 (Correction to DD Form 214)
* Honorable Discharge Certificate
* General Orders (GO) Number 8404, awarding him the Bronze Star Medal
* GO Number 7719, awarding him the Purple Heart
* Reconstructed DA Form 638 (Recommendation for Award)
* Proposed narrative and citation to accompany the Silver Star 
* Former company commander's justification letter
* Letter written to Senator McCain, dated 6 June 2003
* Interim response from the Awards and Decorations Branch to Senator McCain
* Denial letter, dated 15 July 2003, from the Army Decorations Board, HRC Awards and Decorations Branch to Senator McCain
* Letter, dated 7 October 2003, from Senator McCain to the applicant
* Letter, dated 11 November 2003, from the applicant's son to Mr. A---w 
Wi---n
* Letter, dated 25 August 2011, from the applicant to Senator McCain
* Email, dated 2003, from the Military Awards Branch to the applicant
* Letters, dated 11 January and 12 December 2008, from the Military Awards Branch to an official at the Military Order of the Purple Heart
* Letter, dated 26 February 2009, from the applicant to the Deputy Chief of Staff, G-1
* Letter, dated 22 April 2009, from the Deputy Chief of Staff, G-1, to the applicant
* Letter, dated 25 May 2011, from the applicant to Senator Hutchison
* Letter, dated 5 June 2011, from the applicant to the National Commander of the American Legion
* Letter from the applicant to Oprah
* Letter, dated 1 September 2011, from the applicant to the Commandant of the U.S. Military Academy, West Point, NY
* Letters, dated July 2010, 24 May 2011, and 21 November 2011, to the President of the United States
* Letters, dated 30 August 2011 and 2 February 2012, from the Awards and Decorations Branch to the applicant
* Letter, dated 14 September 2011, from the applicant to the Chief of the Awards and Decorations Branch
* Letter, undated, from the former battalion commander, now retired Colonel (COL) WDG to Congressman Duncan
* Statement of Action, dated 18 September 1968, from the former company commander
* Five witness statements from who appear to be former unit members
* Letters, dated 25 June 2012 and 25 September 2012, from the Awards and Decorations Branch to Congressman Duncan
* Letter, dated 9 July 2012, from Congressman Duncan to retired COL WDG
* Email and letters, dated between September and October 2012, exchanged between the applicant and the Chief, Awards and Decorations Branch
* Letter, dated 19 September 1968, from the commander of D Company, 1st Battalion, 20th Infantry to his Soldiers
* DA Form 1594 (Daily Staff Journal or Duty Officer's Log)
* Declassified Combat Action Report, Operation Champaign Grove
* Letter, dated 23 February 2013, from the applicant to the Secretary of Defense
* Letter, dated 14 January 2013, from the applicant to the Army Chief of Staff
* Letter, dated 22 February 2013, from the applicant to the Commanding General (CG), HRC
* Letter, dated 28 January 2013, from the applicant to the CG, U.S. Army Cadet Command
* Letter, dated 14 February 2013, from the applicant to the Chairman of the Joint Chiefs of Staff
* Letter, dated 4 January 2013, from the applicant to the Secretary of the Army

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, 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 Army Board for Correction of Military Records (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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records show he was inducted into the Army of the United States on 10 October 1966 and he held military occupational specialty 11B (Light Weapons Infantryman).  

3.  He served in Vietnam from on or about 6 October 1967 to on or about 26 September 1968.  He was assigned as follows:

* Company A, 1st Battalion, 52nd Infantry, from 6 October 1967 to 8 May 1968
* Headquarters and Headquarters Company, 1st Battalion, 20th Infantry, from 9 to 18 May 1968
* D Company, 1st Battalion, 20th Infantry, from 19 May to 26 September 1968

4.  He was honorably released from active duty on 30 September 1968.  His 
DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Vietnam Campaign Medal
* Vietnam Service Medal 
* Two overseas service bars
* Combat Infantryman Badge

5.  General Orders (GO) Number 7719, issued by Headquarters, Americal Division, dated 2 October 1968, awarded him the Purple Heart for wounds received in action on 18 September 1968.  

6.  GO Number 8404, issued by Headquarters, Americal Division, on 5 November 1968, awarded him the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in Vietnam from May to October 1968. 

7.  On 14 May 2002, he was issued a DD Form 215 that added the Purple Heart and Bronze Star Medal to the list of awards on his DD Form 214.

8.  In 2002, he and fellow comrades-in-arms began a campaign to have the applicant awarded the Silver Star.  His former company commander, Captain (CPT) HCM, submitted a DA Form 638 recommending the applicant for award of the Silver Star.  A narrative, justification letter, and a citation accompanied the DA Form 638.  The DA Form 638 listed the recommender as CPT HCM, the company commander, and cited the applicant's achievements:

	a.  Served as an outstanding Radio Telephone Operator (RTO) in the Headquarters Section, Company D, 1st Battalion, 20th Infantry, 11th Brigade, while engaged with a reinforced NVA company.

	b.  Third Platoon and Headquarters Section assaulted the enemy's position to relieve pressure on First Platoon, which had been ambushed and had numerous casualties.  During the assault "we had several badly wounded, lying in exposed positions.  We were pinned down at their front line.  One of the wounded was screaming in pain."

	c.  "I was concerned that they were going to shoot the individual again, I climbed over a high dike to go get him and at that time I observed (the applicant) crawling to the wounded man and dragging him to safety while under automatic arms fire."  

	d.  A good number of men died or were wounded on that day.  (The applicant) displayed an unusual strength of character and valor during the assault and reconciliation. 

9.  CPT HCM submitted a justification letter wherein he stated: 

	a.  He was serving as company commander, Company D, 1st Battalion, 20th Infantry, 11th Infantry Brigade in the Republic of Vietnam.  (The applicant), then a sergeant (E-5), was assigned as one of his radio operators.  On 18 September 1968, his company became engaged in a ferocious firefight with what was later determined to be an NVA reinforced company.  After dispatching one platoon in a flanking maneuver, he ordered the third platoon, reinforced with the company headquarters section, to assault the well-concealed and covered enemy position. In the course of events to follow, he personally witnessed the actions of the applicant, which were not only heroic, but also inspiring to the remainder of the unit.  After the battle, he recommended the applicant for the Silver Star.

	b.  The applicant was awarded the Purple Heart for wounds received as a result of this engagement and returned to the States in October 1968 upon his normal tour completion.  He (the author) also rotated back to the States shortly thereafter.  He assumed the recommendation for award was processed, and approved, as he had not heard differently - until 1970 when the applicant contacted him asking about the status of the recommendation.  At that time, he corresponded with the S-1, 1st Battalion, 20lh Infantry, inquiring about the status.  Again, he assumed the battalion would process the submission, only to learn again in 2003 that such was not the case.  He has submitted paperwork several more times to correct this oversight, with the last submission being in June of this year.  He believes they have met all the requirements of the Department of the Army.

	c.  The applicant's actions of 18 September 1968 as documented most certainly deserved then and are no less conspicuous today.  For over 35 years, the Army has denied this outstanding Soldier his due recognition, and his country's gratitude for his valorous actions that long September day.  He now entrusts the Department of the Army to correct this wrong and award the Silver Star to the applicant. 

10.  CPT HCM provided the following narrative to accompany the Silver Star.  He states the applicant heroically distinguished himself by exceptionally valorous conduct in the face of the enemy of the United States as an infantry Soldier of the 11th Light Infantry Brigade of the Americal Division in the Republic of Vietnam.  On 18 September 1968, his company was a part of a Brigade operation named "Champaign Grove" in Quang Ngai Province, South Vietnam.  As a result of one Soldier's actions that day, he recommended him for the Silver Star for bravery; but, for whatever reason, the recommendation was not processed due to the applicant's date to return from overseas.  He was unaware of this fact until many years later.  He was asked to support the resubmission of his recommendation to correct this administrative travesty.  It appears that he has not followed proper processes and he is now restating his very strong personal recommendation that the applicant receive the recognition he so justly deserves.  This is his recollection of the action on that day.  

	a.  At approximately 1600 hours, two of his platoons came under extremely heavy automatic and small arms fire from well-concealed and dug-in enemy positions.  He immediately had a number of casualties spread across the area, and command and control was hampered by the rain and foggy weather.  As he was able to assess the situation, it became clear that the only way he might recover and evacuate the numerous wounded was to assault the enemy positions using his uncommitted forces.

	b.  Given the large number of new replacements, the assault was no easy task, and fraught with risk.  They came under heavy fire very quickly and he observed (the applicant) screaming to another Soldier to "Fire that damn LAW at the hedgerow."  Given the other Soldier's inexperience and inaction, (the applicant) finally took the LAW himself and fired into the hedgerow where the enemy was positioned.  That slowed the enemy fire for a moment and they continued forward.  Shortly, they came upon Private (PVT) W----e W---s who was wounded and exposed in the open, seeking concealment behind a small rice paddy dike.  PVT W----s told them where the LAW had hit, was where the enemy was firing, some 30 feet ahead.  They continued the assault and made it about 10 feet when heavy automatic weapons fire resumed.  As they returned fire and sought cover, PVT Rxxe was wounded and began screaming loudly for help, lying exposed in the open just like a 3D object to the front of them.

	c.  (The applicant) immediately grabbed a jammed machine gun, cleared it, and began providing suppressing fire into the hedgerow of the enemy's positions. Seeing the danger PVT Rxxe was in, (the applicant) returned the M-60 to the gunner, directing fire so that he could move to protect and recover PVT Rxxe.  As he crawled out toward PVT Rxxe, he was immediately hit and knocked down with his helmet off his head.  Recovering his helmet, (the applicant) crawled on the ground to PVT Rxxe and shielded him with his own body.  He, the CPT, ordered the company to give as much covering fire as the company could muster.  Now firing his .45 caliber pistol, (the applicant) finally dragged PVT Rxxe behind the small dike.  A hand grenade tossed by (the applicant) to PVT Hxxxxn and then into the enemy positions, ended the enemy firing.

	d.  From that point on, having secured all wounded Soldiers and most of the dead, he was able to move the company into a perimeter.  Just minutes before darkness, medical evacuation choppers removed the wounded and killed Soldiers.  There is no question in his mind that (the applicant) saved the life of PVT Rxxe that day and without question his leadership, courage, and heroism also saved a significant number of men in Company D.  As it was, they suffered 10 killed in action and 34 wounded in action (including him and (the applicant)) in that very intense 90-minute battle.  He felt strongly enough at the time to recommend the applicant for the Silver Star, and his feelings are only intensified with the passage of time. The Army must correct this most egregious error committed against this heroic man.  His actions are in keeping with the finest traditions of military heroism and reflect great credit upon himself, the command, and the United States Army. 

11.  He also submitted a proposed citation that reads as follow:

For exceptionally valorous achievement during operation Champagne Grove, (the applicant's) heroic actions during combat operation in the Republic of Vietnam contributed to the overwhelming success of the command's mission.  (The applicant) distinguished himself by intrepid actions on 18 September 1968, while serving with Company D, 1st Battalion 20th Infantry, of 11th Infantry Brigade.  On that date, when engaged in combat action near the village of Go Tro in the Quang Ngai province, under intense enemy fire, and with disregard for his own safety, (the applicant) singlehandedly eliminated an enemy automatic weapons position and directed repelling machinegun fire at the concealed and dug-in enemy.  Seeing a comrade wounded and fearful that he might suffer greater harm, (the applicant), heedless of the danger around him, moved into an exposed position and recovered his wounded comrade to safety.  (The applicant's) bravery is in keeping with the finest traditions of military heroism and reflects distinct credit upon himself, 11th Infantry Brigade and the United States Army.

12.  With the application, CPT HCM also submitted a:

	a.  DA Form 1594, dated 18 September 1968, pertaining to the Americal Division located at Chu Lai in Vietnam.  The journal opened at 0001 hours and closed at 2400 hours on 18 September 1968.  The duty officer, a major, entered various entries related to Americal Division units' continued combat operations in its zone.  Several entries pertain to D Company's engagement with the enemy, the platoon's separation and subsequent return to Company D, the number of Soldiers wounded or killed in action, and evacuation of the wounded. 

	b.  Synopsis of the Combat Action Report Champagne Grove, dated 29 September 1968, 1st Battalion, 20th Infantry.  The synopsis describes the battalion's mission, concept of operations, day by day execution (4 to 24 September 1968), results (friendly/enemy personnel, equipment, and weapon losses), commander's analysis and recommendations.  An entry on 18 September 1968 pertains to D Company receiving enemy small arms and mortar fire from an unknown size enemy force resulting in friendly casualties.

13.  On 9 September 2003, the Army Decorations Board convened to consider his case.  The criteria for the award was made available to each appointed member of the board for use during their deliberation.  Members of that board carefully considered the recommendation and gave it a thorough and detailed examination and assessment.  The board considered the recommendation for approval, upgrade to a higher award, or downgrade to a lesser award, and disapproval based on the documentation submitted.  The board recommended disapproval without downgrading to a lesser award. 

14.  In a letter, dated 10 September 2003, the Chief, Military Awards Branch, HRC, Alexandria, VA responded to Senator McCain that, on 9 September 2003, by stating the Army Decorations Board determined the degree of action and service rendered did not meet the strict criteria for the proposed award.  Based on this recommendation, the HRC CG, on behalf of the Secretary of the Army, disapproved the award of the Silver Star.  
15.  Over the next few years, the applicant wrote to a myriad of officials including the President of the United States, Secretary of Defense, Secretary of the Army, Chief of Staff, various general officers, and various Members of Congress soliciting their help in awarding him the Silver Star.  

16.  Also over the next few years, the various chiefs of the Military Awards Branch corresponded with several officials in response to the applicant's inquiry and informed those officials of the Army Decorations Board decision regarding the applicant's recommended award as well as the need to submit new and substantive material information in the case of a request for reconsideration, together with a statement justifying the request for reconsideration.  

17.  On 12 December 2008, by letter, the Chief, Military Awards Branch notified an official at the Military Order of the Purple Heart that:

	a.  The Army Decorations Board had unanimously disapproved the applicant's recommended award and informed him and Senator McCain of that decision in 2003.  A request for reconsideration must be fully justified and contain new, substantive and material information.  The request must be submitted with the original recommendation. 

	b.  HRC already possessed the recommendation together with the supporting documents and proposed citation.  HRC also acknowledged receipt of four additional statements but determined these statements were not sufficient to reconsider the recommendation.  The statements from Mr. JA and retired COL JSM indicate neither one was an eyewitness to the action on 18 September 1968.  Additionally, the documentation provided by Mr. FJF and Mr. RA are identical form letters and therefore cannot be considered as individual eyewitness statements. 

	c.  A request for reconsideration of a previously-disapproved award must be referred to a Member of Congress and forwarded to HRC with the new and substantive material information. 

18.  On 22 April 2009, by letter, the Deputy Chief of Staff, G-1, notified the applicant that in order to have the Army Decorations Board reconsider his request, he must provide new, substantive, and material information that was not included in the original award packet.  He added that the Military Awards Branch had received four statements in support of his actions.  However, two of the authors were not eyewitnesses and the other two submitted identical form letters. 

19.  On 30 August 2011 and 2 February 2012, the Chief, Awards and Decorations Branch again responded to the applicant and informed him that as stated earlier, a request for reconsideration for a possible upgrade of a previously disapproved recommendation for an award can only be considered if new, substantive, and material information is furnished.  He has not submitted any new and substantive information. 

20.  On 1 June 2012, an official at the Veterans Legacy Foundation forwarded the recommendation for the award through Congressman Duncan for endorsement and subsequent resubmission to the Army Decorations Board. 

21.  On an unknown date, retired COL WDG, the former battalion commander, corresponded with Congressman Duncan and stated that he could not explain why the award recommendation was lost; but he would have supported it had it landed on his desk.  The same information, including the DA Form 638, proposed citation, justification, and statements were resubmitted to HRC as follows: 

	a.  Retired COL WDG was the battalion commander who states if the recommendation had reached his desk at the time, he would have recommended approval. 

	b.  Statement, dated 19 April 2012, from Mr. RA who states he remembers this day very well as it was the first and last day that he had direct contact with the NVA.  They were in the valley floor from about 1100 and contact was made about 0100 to about 1800 hours.  Initial contact resulted in many men being wounded and pinned down with heavy to light automatic machine guns.  The weather was very hot and no local people were in sight.  One platoon with the captain's group was in the trees acting as reserves.  The enemy had planned a very good ambush.  However, CPT M moved First Lieutenant R----t Ja-----z' platoon to block the enemy from escaping.  Rain and fog rolled in blocking air support gunships.  The CPT was ordered to attack the enemy position because of the wounded and there would be no way to defend their current situation at night.  A small force of 35 men made the attack, coming in on the front left side.  Firing was very intense from both sides.  They finally got about 5 to 15 feet when the enemy opened up a strong force of automatic firing.  It was like slow motion with everyone just trying to run for cover.  He knows of only one Soldier down.  He just could not forget his screams.  PVT Rxxe was lying on the left side in the open and the enemy could see him.  The NVA soldiers were firing mainly at them in the rice dike.  Some firing was aiming at the men in the valley about one football field in length.  He remembers the applicant firing an M-60 right at the enemy about 16 feet away in front.  This did not stop the enemy firing back but it did make the enemy aim high.  The applicant quickly ran over to PVT Rxxe with his M-79 over his back and pistol drawn, when only a few feet farther he got shot down, too.  It looked like he was not moving and could have been dead.  The applicant rolled over to Rxxe and covered him with his own body.  The enemy was trying to shoot both of them now.  He could see many bullets being fired but only hitting around on the dirt.  CPT HCM ordered everyone to return covering fire to give the applicant a chance to move to cover.  After making it to protecting cover, fighting continued, with the applicant firing a .45 caliber pistol where ever there was smoke in the hedgerow. It was so good that the firing ended up coming from the right side now.  An RTO from an artillery unit was standing on the right side.  The applicant pitched a grenade to the RTO.  This action stopped the enemy from firing.  He does not have training on what would make a Soldier a hero, but if it was him laying on his back all shot up, he would be so grateful and forever thankful to a Soldier saving his life. 

	c.  A statement, dated 16 April 2012, from Mr. BJR who states he is giving this information from the memory he still has of the events of 18 September 1968.  He is ashamed that the Army has not fulfilled its obligation from the company commander.  He has no doubt that the applicant should have an award for bravery because fighting a company-size of NVA enemy soldiers with automatic weapons the applicant risked his life to save a wounded American Army Soldier.  Fear is a very strange thing in one's mind as one thinks of what to do about a situation caused by someone trying to kill you.  A small force of U.S. Army Soldiers followed the CPT's plan to attack the enemy.  The enemy was only about 10 feet from them.  They made it to a hedgerow thinking the enemy had been killed while standing in the open when unbelievable enemy fire power tried to kill them.  Only one wounded Soldier resulted, who gave a horrific scream.  There was no way to help save him in the open field.  Their ground protection was being destroyed by the big guns of the enemy.  (The applicant) was the only one to fight the enemy.  He tried to save the wounded Soldier and actually contributed to stopping the enemy from firing.  To see the applicant facing the enemy in open territory was a bad decision; however, it was the most heroic action he has ever seen.  Sadly, to see the applicant shot down just shows how strong the enemy was out to kill them.  The applicant miraculously did not die and moved to the wounded man even under frightening enemy fire power.  He can only remember that the wounded man did not die and was evacuated after the battle finished.  He can still see the applicant killing the enemy with his pistol aiming where the enemy fired from in the hedgerow.  Later, he chatted with the applicant saying, "He just could not let the enemy stop him from going home in 10 days."  

	d.  Statement, dated 5 April 2012, from Mr. NC who states that on 
18 September 1968 he was part of Company D, 1st Battalion, 20th Infantry.  They made a frontal attack against a superior force with heavy automatic weapons.  He remembers the name of the operation was "Champagne Grove," an operation to destroy the NVA soldiers in Vietnam west of Highway 1.  Initial contact with the enemy left many American Soldiers wounded which ended artillery support.  Poor weather and visibility made gunship aid impossible for aerial assistance.  The company commander informed them that everyone was to attack the enemy so the wounded could be sent back for treatment.  Around 1510 hours, they moved out from their position hidden in tree lines towards the enemy.  At first, the enemy could not see them.  The applicant fired a LAW toward the enemy at one particular hedgerow.  Suddenly, they were only about 5 feet from the front of the enemy dug-in position as the enemy opened fire with many automatic weapons.  A lot of men managed to scramble to safety below the rice field’s low raised dirt.   Only one Soldier, PVT Rxxe, out in the open was hit.  He was lying on the ground, screaming in pain and pleading for help.  His words were loud and you felt his pain.  The applicant was with the company commander's group in the attack and had no reason to be firing a machine gun, but he grabbed the rookie's machine gun that was jammed.  It was the only heavy automatic weapon to compete against the NVA weapons.  The applicant fixed the machine gun and fired, aiming at the bottom of the hedgerow.  After giving the M-60 back, he moved toward PVT Rxxe with supporting friendly automatic fire to assist him in keeping the enemy's head down.  An NVA soldier had taken many shots all around PVT Rxxe and now the enemy had a new target.  He could see the applicant exposed to enemy fire going down with a loud "Oh" sound.  Seeing his helmet ripping away from his head, he (the author) was sure the applicant was dead.  Firing was very strong and heavy on both sides.  Most bullets were flying over their heads and not actually hitting them.  The applicant was alive and moving toward PVT Rxxe.  It was so unbelievable to see. One NVA soldier was firing right at the applicant, but none of the bullets seemed to hit the target.  He (the author) could see the dirt kicking up in the air from enemy fire.  It was only 7 feet to drag PVT Rxxe to safety.  The applicant went back engaging the enemy firing with his .45 caliber pistol to silence the enemy on the left side.  About 15 feet on the left side, the applicant threw a grenade to a Soldier standing out of sight to throw over the enemy's hedge.  This action silenced the enemy guns permanently.  He believes the applicant is the bravest Soldier he has ever seen trying to save another Soldier with no regard for his own life.  He was fighting a battle with only a few days left in country to face such a challenge surely is an act of heroism.  When the battle was over, he remembers everyone working together to get the wounded on choppers and setting up a base camp for the night.  

	e.  A statement, dated 22 March 2012, from Mr. FF who states he saw the applicant trying to save a wounded Soldier and his statement is similar to that made by Mr. RA.  What they both said was the same on the same documents but he now will give his own words rewriting the experience they endured.  Being part of Company D, 1st Battalion, 20th Infantry, was an honor and a miracle to have survived the battle of 18 September 1968.  Many men were wounded or shot dead.  He was one of the fortunate ones to be alive today.  Because they never saw the enemy, they could only estimate the size of the company ambushing them with their automatic weapons.  They had nothing to outgun the NVA.  As he remembers, wounded Soldiers were all over the battlefield.  They could not bring in choppers as the enemy would shoot them down before landing. Their company commander informed them that they must attack the enemy to the front of their position.  The First Platoon was behind the enemy so the NVA could not escape from the hedgerow.  The assault would only have about 35 brave Soldiers.  For some reason they made it to the enemy's front firing position when a sudden burst of enemy fire caused them to spread quickly searching for cover.  He can still hear "a wounded Soldier pleading for help as he lay out in the open between them and the enemy."  (The applicant) screamed back, "be quiet and someone would bring you to safety; play dead."  Their only machine gun was not firing and a lot of men were nearly out of ammunition.  (The applicant) took charge of the M-60 Machine Gun to lay a returning fire right at the enemy's position.  It was bullet for bullet of a distance of less than 20 feet.  Finishing the box of M-60 rounds, he gave the M-60 back to another Soldier with instructions to keep up covering fire.  (The applicant) crawled out in the open of no man's land over the dike to give aid to the wounded man.  He does not remember his name but he will never forget the sound of the crying and screaming for help.  Unfortunately, (the applicant) was shot, too.  He should have been dead as his helmet was knocked off his head.  What happened next was that (the applicant) crawled very slowly, giving cover to this wounded man.  They both lay together as if they were both dead.  It was so far from the truth.  (The applicant) managed to drag the Soldier to cover.  Everyone was frozen in time wanting not to die.  It would have been so easy for him to stay put.  He (the author) could not believe what he saw (the applicant) do next.  He was crawling on the ground parallel to the enemy's dug-in position firing his pistol where smoke came out from a hedgerow of trees.  Soon, he came close enough to their forward artillery RTO (not part of Company D) to throw a grenade.  The RTO got rid of the grenade so quickly that it went off in the air on the other side of the hedgerow.  Finally, the enemy's guns were silent.  Like he said, he never saw the enemy.  A perimeter was set up in the trees waiting for choppers to take the wounded out.   Today, he is sure (the applicant's) actions speak of a Soldier who should be honored for saving a wounded man in combat without any regard for his own life; a truly brave Soldier.  He (the author) does not expect the Army has any respect for all drafted Soldiers.  If it has improved, the Department of Army must give the award of the Silver Star for Valor to (the applicant). 

	f.  A statement, dated 31 March 2013, from Mr. DJT who states that on 18 September 1968 he was a private first class, serving as a member of Company D, 3rd Platoon, 1st Battalion, 20th Infantry in Vietnam.  On that date, they engaged in significant action against NVA soldiers.  He witnessed the exemplary actions of (the applicant).  They had been ambushed by an estimated company-sized enemy force and had a number of casualties.  In order to retrieve the wounded, their company commander ordered an attack against the suspected enemy positions to suppress their fire and secure a landing zone (LZ) for medevac helicopters around 1600 hours.  They were one platoon under sized and a few men from CPT HCM's group. "Most of the company's men were over the open field of the valley that were pinned down or wounded."  Another platoon had been sent over behind the enemy to block any escape from the battlefield.  The specific site of the action was about the size of a football field with surrounding old dried up rice paddy dikes and hedge rows on the front.  The enemy was firing heavy automatic weapons.  They were destroying what cover they had from the dikes.  He was no more than 30 yards on the left flank of the assault line.  He observed friendly Soldiers to his right front side talking to PVT Wexxs, who had been shot.  They included CPT M, PVT Rxxe, PVT Haxxxn, (the applicant), and others.  PVT Wexxs was pointing to a hedge row.  He assumed the enemy positions, but the enemy was well-hidden and they could not actually see them.  He watched his men (comrades) moving forward about 10 feet to the hedge, when strong enemy firing broke loose.  There were 16 or 17 men caught in the open with most being out of ammunition.  PVT Rxxe was down screaming.  (The applicant) jumped to the right of PVT Rxxe, grabbed an M-60 and returned fire, relinquishing it to its gunner when firing was redirected in another direction.  (The applicant) then jumped up in the direction to PVT Rxxe.  He (the author) can still hear the enemy's intense firing.  Sadly, (the applicant) was knocked down some 5 feet behind PVT Rxxe.  He (the author) was sure (the applicant) was dead; however, (the applicant) crawled on top of PVT Rxxe giving cover for only a few minutes playing dead.  He could see (the applicant) crawling and dragging PVT Rxxe about 3 feet to a high dike and out of enemy fire.  (The applicant) reentered the battle by firing a pistol at the smoke coming from the hedge.  One could see (the applicant) throwing a grenade to PVT Haxxn who was standing just out of enemy fire on the right side of the hedge.  PVT Haxxn threw the grenade over the hedge into the enemy position.  All was silent, finally the fighting ended.  If (the applicant) had not moved, PVT Rxxe most certainly would have been killed.  Later, (the applicant) showed him (the author) his helmet with two bullet holes as he was helicoptered out for medical treatment.  

22.  On 4 September 2012, in a letter written to Congressman Duncan, the Chief, Awards and Decorations Branch stated that his office was unable to process the request for reconsideration.  His office acknowledged receipt of a statement submitted by the applicant; however, this document did not provide any new, substantive or material information regarding the incident in question.  His office still required a letter of justification which once received would be forwarded to the Army Decorations Board.  A one-time reconsideration by the award approval authority shall be conclusive.

23.  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.  

24.  The HRC Awards and Decorations Branch provides quality personnel service, support, and administration of the Army awards program which enhances mission accomplishment by recognizing Soldiers for excellence and motivating them to high levels of performance and service.  For individual decorations, it is the responsibility of any individual having personal knowledge of an act, achievement, or service believed to warrant the award of a decoration, to submit a formal recommendation into military command channels for consideration.  

	a.  The DA Form 638 will be used to initiate, process, and approve award recommendations of all U.S. Army individual decorations.  By statute and regulation, a 2-year time limit applies.  Heroism award recommendations will contain statements of eyewitnesses, preferably in the form of certificates, affidavits, or sworn statements; extracts from official records; sketches; maps; diagrams; photographs; and so forth, which support and amplify stated facts for the heroism award.  A properly-constituted award recommendation will include the following:  DA Form 638; narrative justification; proposed citation, support documents, eyewitness statements in the form of certificates, affidavits, or sworn statements; records, extracts, sketches, maps, diagrams, and photographs which support and amplify the award	of heroism; and recommendations from all intermediate level commanders. 

	b.  The Army Decorations Board reviews/considers award recommendations that are properly submitted, makes a recommendation, and staffs the recommendation to the Army leadership for final decision.  The three highest decorations for valor are the Medal of Honor, the Distinguished Service Cross, and the Silver Star.  These awards are processed and approved above the division commander’s authority.  Meritorious recommendations for either the Medal of Honor or Distinguished Service Cross are reviewed by the senior Army Decorations Board which consists of Army Lieutenant Generals and, for recommendations involving enlisted personnel, the Sergeant Major of the Army.  The board reviews each award recommendation strictly on its merits.  There are no awards quotas or limits, nor is there a rank requirement for a specific award.  For awards of the Silver Star and below, the Army Decorations Board may disapprove the award recommendation or recommend forwarding the action to the Senior Decorations Board.  


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Silver Star for his actions on 18 September 1968.  He contends his company commander submitted him for this award but for unknown reasons, the award recommendation was never acted upon.  His company commander reconstructed the award recommendation and presented it with Congressional support, justification, a proposed citation, and witness statements to the Army Decorations Board.  

2.  On 9 September 2003, the Army Decorations Board convened to consider his case.  Members of that board carefully considered the recommendation and gave it a thorough and detailed examination and assessment.  The board considered the recommendation for approval, upgrade to a higher award, downgrade to a lesser award, or disapproval based on the documentation submitted.  The board recommended disapproval without downgrading to a lesser award.  

3.  In a letter, dated 10 September 2003, the Chief, Military Awards Branch, HRC, responded to the applicant's Member of Congress that the Army Decorations Board determined the degree of action and service rendered did not meet the strict criteria for the proposed award.  Based on this recommendation, the HRC CG, on behalf of the Secretary of the Army, disapproved award of the Silver Star.  

4.  Over the next few years, the applicant wrote to several officials including the President of the United States, Secretary of Defense, Secretary of the Army, Chief of Staff, various general officers, and various Members of Congress, soliciting their help in awarding him the Silver Star.  He received multiple letters from the Awards and Decorations Branch advising him of the criteria for reconsideration.  He presents his case before this Board with the same information and documentation presented to the Army Decorations Board.  

5.  Awards and decorations are very important to Soldiers.  Equally important is the governance of the awards program.  For the awards program to be credible to the Soldiers and the American people, it must ensure that it recognizes the right individuals for the proper award.  It must ensure the integrity of the award is maintained through strict procedures and proper justifications.  It must also place trust and confidence in commanders to execute the program.  The criteria for military awards are set forth in statutes, executive orders, and appropriate regulations.  Established by law, the criteria for the highest valor awards have not changed from what they were in past conflicts.  Army regulation and policy establish the standards by which those awards are processed, approved, and presented.  This consistency upholds the heritage of the awards and the legacy of the heroes who have earned them.

6.  The Army's awards program relies on those with first-hand knowledge of a Soldier's heroic or valorous action to recommend the Soldier for the appropriate award.  Award recommendations are sent up through the Soldier's chain of command to company, battalion, brigade, and division commanders. Commanders at every level of review can recommend approval or upgrade of the award based upon their authority.  Commanders with authority to approve awards also have the authority to downgrade or disapprove awards based on their judgment, knowledge, and the criteria established for the award.  Command involvement is critical for program’s success.

7.  The third highest award for combat heroism is the Silver Star, which is awarded to a Soldier who is cited for gallantry in action against an enemy of the United States while engaged in military operations involving conflict with an opposing foreign force, or while serving with friendly foreign forces engaged in armed conflict against an opposing armed force in which the United States is not a belligerent party.  The required gallantry, while of a lesser degree than that required for award of the Distinguished Service Cross, must nevertheless have been performed with marked distinction. 

8.  Oftentimes, the degree of heroism required for a particular award is blurred and subject to personal interpretation.  What is not subject to interpretation is the selfless sacrifice demonstrated by all recipients of the three highest awards for valor.  In the applicant's case, it is clear that the Army Decorations Board has thoroughly reviewed the recommendation for award of the Silver Star and determined that his actions did not rise to the level of "gallantry in action."  

9.  It is also clear that the applicant was provided correspondence, on multiple occasions, related to the review of the award recommendation and the criteria for reconsideration.  He submits no new, substantive and material information to overturn the decision rendered by the Army Decorations Board.  Likewise, he provides this Board with no evidence of an error or an injustice.  

10.  The Army Decorations Board evaluated his actions against other acts of heroism from the Vietnam era.  The board of seasoned senior officers opined that the applicant’s act did not rise to the level of gallantry in action necessary to merit an award of the Silver Star.  The board considered the recommendation for 

approval, upgrade to a higher award, or downgrade to a lesser award, and disapproval based on the documentation submitted.  The board recommended disapproval without downgrading to a lesser award. 

11.  After a thorough review of the evidence submitted by the applicant, the comprehensive review conducted by the Army Decoration Board, and the governing regulation, the applicant's actions did not merit the award of the Silver Star or a lesser award.  Regrettably, his actions did not meet the criteria for an award. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X__  ____X____  ___X_____  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.



      _______ _ 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.
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