IN THE CASE OF:	  

		BOARD DATE:	  9 January 2014

		DOCKET NUMBER:  AR20130006440 


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 military records to show he was awarded the Medal of Honor in lieu of the Silver Star for his actions in combat on 14 July 1952 in North Korea.

2.  The applicant states the citation for award of the Silver Star explains that the 
14 July 1952 raid was on a small island in the Republic of Korea (ROK).  The actual raid was classified as top secret.  It was a Special Forces operation 125 miles behind enemy lines on the mainland of North Korea.  The U.S. Army Human Resources Command (HRC) ruled that this is not a substantial change and would not forward the request to the Decorations Board.  The error occurred on 12 December 1952.  It was discovered on 4 February 2011 by a Legislative Fellow who was researching the White Tigers Association in the ROK.  The applicant provides the following arguments/comments to explain why the documents he has provided show his Silver Star should be upgraded to the Medal of Honor:

	a.  Enclosure Number (#) 1: HRC made a decision on 22 February 2013 that the new information on the raid on Mainland North Korea was not a substantive change.  He disagrees with this decision.

	b.  Enclosure # 2: A Doctor of Philosophy (PhD), an archivist from Carlisle Barracks, Pennsylvania, sent the applicant on 15 March 1994 95 pages of documents the applicant had requested.  These documents were all previously classified secret or top secret but were declassified in 1990.  One of those documents, titled "Guerrilla Operations Outline," is attached.  It shows the importance of the mission in North Korea.  It authorized Special Forces to conduct raids, rob banks, counterfeit North Korean money and assassinate key leaders to include Russians.  This is the document that he used to prepare his raid in North Korea.  He contacted the British Navy and the Marine aircraft carrier.  The Special Forces and Central Intelligence Agency were not supposed to be in North Korea.  Therefore, the Far East Command would not approve a recommendation for the Silver Star that said the raid was on the mainland of North Korea.

	c.  Enclosure # 3: In 1996, his book, White Tigers," was published.  He was able to obtain comments about his raid from the following three retired senior Army officers:

* Lieutenant General Harold Moore, author of We were Soldiers Once and Young
* Major General John Singlaub, author of Hazardous Duty
* Colonel Rod Paschal, author of Korea Witness to War

	d.  Enclosure # 4: In 1994, he wrote to the Central Intelligence Agency in an effort to have a large number of files declassified so he could tie together his     14 July 1952 raid with other Special Forces/Central Intelligence Agency operations.  His request has been denied several times and this is their final reply.

	e.  Enclosure # 5: The President of the White Tigers Association wrote a letter to President George W. Bush in 2002 recommending his Silver Star be upgraded to the Medal of Honor.  He had bought one of the applicant's books in the ROK and also wrote a letter to the applicant's publisher to locate the applicant.

	f.  Enclosure # 6: A retired brigadier general, who arrived in the Korean theater in 1953, states he did not have personal knowledge of the subject operation and felt it was a mistake to have code worded the operation because it worked to the detriment of all involved.

	g.  Enclosure # 7: A retired brigadier general wrote a letter dated                   21 December 2002 stating he and the applicant had both been in North Korea and he knew about the operation on the mainland of North Korea on 14 July 1952.

	h.  Enclosure # 8: A retired major general wrote a forward to the applicant's book, White Tigers.  He stated that the operation had been classified for 40 years.

	i.  Enclosure # 9: A House of Representatives congressman assembled a packet of 17 letters on 4 August 2003 and submitted them to HRC.

	j.  Enclosure # 10: A DA Form 638 (Recommendation for Award) together with a proposed citation was sent to HRC on 20 March 2002.

	k.  Enclosure # 11: HRC requested a letter of justification for the Medal of Honor, which was sent on 1 February 2013.

	l.  Enclosure #12: On 10 February 2002, the applicant donated 15 items to the Airborne and Special Operations Museum.  All of the items are now on display in the Korean War section.  All of the items had been picked up in North Korea during the 14 July 1952 raid.  The most important items are a North Korean flag, a Russian flag, and a portrait of Stalin.

3.  The applicant provides copies of:

* # 1: Letter, from HRC to the applicant, dated 22 February 2013
* # 2: Letter, from the U.S. Military History Institute, dated 15 March 1994, with enclosures
* # 3: Military History/Biography, quotes from three retired U.S. Army officers
* # 4: Letter, from the Central Intelligence Agency, dated 11 September 1996
* # 5: Letter, from the President of the White Tigers Association to then President George W. Bush, dated 20 August 2002
* # 6: Letter, from a retired brigadier general, California Army National Guard, dated 19 December 2002
* # 7: Letter, from a retired U.S. Army brigadier general, dated 21 December 2002
* # 8: Foreword to White Tigers, My Secret War in North Korea
* # 9: Letter, from a member of the U.S. House of Representatives, dated     4 August 2003
* # 10: DA Form 638 for Award of the Medal of Honor, dated 20 March 2012
* # 11: Letter, from the applicant to the Army Decorations Board, dated                1 February 2013
* # 12: DA Form 5572 (Gift Agreement), dated 10 February 2002






CONSIDERATION OF EVIDENCE:

1.  General Orders Number 171, Far East Command, dated 12 December 1952, announced award of the Silver Star to the applicant for gallantry in action on 
14 July 1952.  The citation stated:

…committed to effect a clandestine amphibious maneuver to destroy enemy gun positions and personnel, [the applicant], commanding a group of partisans, landed on a small island off the enemy mainland in the early morning hours.  Confronted by a well-entrenched, numerically superior foe, he immediately radioed for direct naval gunfire and air strikes on hostile positions.  During the ensuing bombardment, [the applicant] deployed his force in three teams for flexibility of movement and, after the preparatory fire lifted, led his men in a daring assault, overrunning hostile positions and routing the foe.  While reorganizing and consolidating the newly won positions, the unit was ruthlessly attacked by a reinforced enemy.  Calling for additional air and naval support, [the applicant] assigned and coordinated fields of fire and, under his inspirational guidance, the men fought with great courage and skill, inflicting numerous casualties and forcing the enemy to retreat.  [The applicant's] aggressive leadership and intrepid actions reflect utmost credit upon himself and are in keeping with the esteemed traditions of the military service.

2.  On 4 June 1950, the applicant was commissioned as a second lieutenant, United States Army Reserve.  He entered active duty on 25 July 1950 and progressed through the rank to colonel, pay grade O-6.  He retired for length of service on 31 July 1979.  His DD Form 214 (Report of Separation from Active Duty) includes the following awards for his service in the ROK during the conflict:

* Korea Service Medal with three bronze service stars
* United Nations Service Medal
* ROK Presidential Unit Citation
* Silver Star

3.  In a letter, dated 20 August 2002, the President of the White Tigers Association stated that the applicant, then a first lieutenant, had trained and led 120 guerrillas on a raid in North Korea to destroy a bunker complex.  On 14 July 1952, four large sail junks transported them to a secure landing area in North Korea.  They landed at midnight and slipped behind the enemy's 76 millimeter (mm) gun position.  The applicant used his radios to control the naval gun fires and aircraft as they attacked the bunker complex.  They destroyed the 76mm gun and the ammunition bunker.  They were counterattacked and had to fight for their lives.  The applicant refused to leave the position and continued to direct the aircraft and naval gun fire that killed or wounded most of the enemy force and got them out alive.  The author further stated that the applicant deserves the Medal of Honor because without his help they would have lost the battle on 14 July 1952 and a lot of guerrillas would have died.

4.  In a letter, dated 21 December 2002, a retired brigadier general provided his wholehearted support for award of the Medal of Honor to the applicant.  He stated that the applicant had volunteered to lead the dangerous mission behind enemy lines on 14 July 1952 and, as he was informed, the operation was a success only because of the applicant's heroic action and decisive leadership.

5.  A DA Form 638, dated 20 March 2012, recommended award of the Medal of Honor to the applicant in lieu of the Silver Star.  The achievements listed on this recommendation are numerous and appear to be not just the actions of the applicant; but, rather the actions of the entire unit.  Furthermore, the period of the award recommendation is 13-14 July 1952, but the actions listed clearly occurred prior to and after those 2 days (e.g., training the guerrillas to fight; a subsequent book and documentary).  The proposed citation states the applicant distinguished himself by gallantry in action against an armed enemy on 14 July 1952.  He commanded 120 Korean partisans.  He committed to a clandestine, amphibious landing 125 miles behind enemy lines to destroy enemy gun positions and personnel.  When confronted by a well-entrenched, numerically superior foe of over 100 North Korean soldiers, he immediately radioed for direct naval gun fire and air strikes on hostile positions.  The applicant deployed his force in three teams for flexibility of movement and led his men in a daring assault overrunning hostile positions and routing the foe.  They were reorganizing and consolidating the newly-won positions when they were ruthlessly attacked by a reinforced enemy.  He called in additional air and naval support on his own position.  The applicant assigned and coordinated fields of fire and guided the men with great courage and skill.  The enemy was forced to retreat and had incurred 63 casualties.  The Korean partisans had 6 killed and 7 wounded.  Ten civilians had been rescued.  They blew up the mountain complex, destroyed the 76mm gun, and the North Koreans never used that location again.  The mountain smoked and burned for 3 days after that operation.

6.  In a letter addressed to the U.S. Army Awards and Decorations Board, dated 10 August 2012, a Korean who was with the applicant and participated in the secret operation into North Korea on 14 July 1952 restates many of the facts and events that occurred.  However, he argues that because the original award recommendation contained misinformation about the location of the events, the importance of a major raid into North Korea was not given due consideration by the board.  Instead, it appeared that the applicant's actions were reduced to a minor raid on a small island that was not of much importance.

7.  In a letter to the applicant, dated 22 February 2013, the Awards and Decorations Branch, HRC, informed him that his request for an upgrade of his Silver Star to the Medal of Honor had been received.  It also acknowledged receipt of ten documents submitted in support of the request.  It recognized that although recently declassified information revealed the true location of the applicant's actions it did not substantially change any of those actions in a way that would warrant reconsideration of the Silver Star.  Department of Defense and Army policy requires that a previously-approved award can only be submitted for upgrade if new, substantive, and material information directly pertaining to the service member's actions is furnished.

8.  Army Regulation 600-45 (Decorations), dated 27 June 1950, stated the “Medal of Honor is awarded, in the name of Congress, to each person who, while an officer or enlisted person of the Army, shall have distinguished himself or herself conspicuously by gallantry and intrepidity at the risk of his or her life above and beyond the call of duty in action involving actual conflict with an enemy.”  The deed performed must have been one of personal bravery or self-sacrifice above and beyond the call of duty, so conspicuous as to clearly distinguish the individual for gallantry and intrepidity above his or her comrades and must have involved risk of life or performance of more-than-ordinarily hazardous service, the omission of which would not justly subject the person to censure for shortcoming or failure in the performance of duty.  Incontestable proof of the performance of the service would be extracted and each recommendation for the award of this decoration would be considered on the standard of extraordinary merit.

9.  Army Regulation 600-8-22 (Military Awards):

	a.  The Distinguished Service Cross is awarded to a person, who while serving in any capacity with the Army, distinguishes 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.  

	b.  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.  The applicant requests correction of his military records to show he was awarded the Medal of Honor in lieu of the Silver Star for his actions in combat on 14 July 1952 in North Korea.

2.  The applicant was awarded Silver Star for gallantry in action on 14 July 1952.  The citation in the general orders announcing this award and the proposed citation offered in support of upgrading this award to the Medal of Honor show very little difference except for the location where the action took place.  The argument is made that because the awards board did not know the action took place on the mainland of North Korea those actions were not given the proper importance.  The contention is that this resulted in his receiving only the Silver Star.

3.  A comparison of the regulatory requirements for the Medal of Honor and the noted actions of the applicant, as written in the general orders and in the subsequent evidence and recommendation, failed to reveal clear and convincing actions on the part of the applicant that would have qualified him for award of the Medal of Honor.  It strongly appears that the success of the operation was a result of the combined efforts of the entire unit, and not just the applicant.  There is little to no detailed discussion of the applicant's specific actions beyond providing unit organization, direction, and obtaining assistance from naval guns and aircraft.  There is little doubt that he was in heavy and very dangerous combat, and getting caught behind enemy would have been extremely dangerous.  However, there is no clear convincing evidence showing that any of his personal actions in combat were any more or less dangerous than what the entire unit endured.  Furthermore, there is no available evidence showing that any of his personal actions rose to a level of extraordinary merit.

4.  Although not requested, a review of the requirements for award of the Distinguished Service Cross failed to show sufficient evidence that would have qualified him for this award.

5.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of their service in arms.



6.  In view of the above, the applicant's request should be denied.

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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