Is the Army Human Resources Command discriminating against veterans of the Vietnam War?
"Guns Up" Copyright 2009 Joe Klein
"Stolen valor typically refers to individuals who falsely claim military honors they have not earned; conversely, when a deserving individual is denied earned recognition, I believe that is also a form of stolen valor." - Clifford A. Gehrt (2025)
"God and the soldier, we adore,
In time of danger, not before.
The danger passed, and all things righted,
God is forgotten, and the soldier slighted."
- Rudyard Kipling, 1899
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Executive Summary
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1. The purpose of this website is to support an Internet petition requesting that the Secretary of the Army initiate an investigation of the Army Human Resources Command (HRC), Fort Knox, Kentucky, to determine if it discriminates against veterans of the Vietnam War by not adhering to relevant laws and regulations applicable to those veterans concerning awards and decorations. The aim of this website is to present evidence of a clear case of discrimination, underscoring the need for the proposed investigation.
​2. Discrimination Example: In 1968, a helicopter gunship pilot with the 101st Airborne Division in Vietnam was nominated for the Congressional Medal of Honor (CMH) by an 82nd Airborne Division infantry company commander for “risking his own life and performing feats of valor beyond what anyone has a right to expect, under almost impossible conditions.” Afterward, processing errors and missing eyewitness statements associated with the transition of the 101st Airborne Division to the 101st Air Cavalry Division and the creation of the 160th Aviation Group resulted in his nomination being processed as a Distinguished Service Cross (DSC), rather than the CMH. Fifty years later, friends of that pilot discovered the processing errors, missing eyewitness statements, and a materially relevant report in the nomination package of others involved in the same action.
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3. As a result of those discoveries, the pilot's friends prepared a well-documented report covering the material errors and improprieties associated with his 1968 nomination, with the aim of having his DSC upgraded to the CMH. As current laws and regulations required such cases to be submitted through a member of Congress, it was submitted to Florida Senator Rick Scott. After evaluating the merits of their case and the quality of their presentation, Senator Scott added a supporting endorsement and forwarded it to the Secretary of the Army, as Department of Defense regulations require that the Secretary personally...​
...determine whether material errors or impropriety existed in any case previously adjudicated within his/her Department, and that authority must not be delegated.
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--DoD Manual 1348.33, Volume 1, Manual of Military Decorations and Awards:
Medal of Honor, Section 3.1. f. (2) (b) 2.
4. In compliance with Army regulations, the Senator’s request was delivered to the Human Resources Command (HRC), which is responsible for administering staffing actions for consideration by the Secretary of the Army regarding issues related to material errors and improprieties in the processing of a CMH nomination. However, instead of processing the request in accordance with current laws and regulations, the HRC nullifies those laws and regulations by refusing to accept the upgrade request into “military channels,” unless the requesters locate and receive comments on the upgrade request from both the original nominator and a member of the pilot’s wartime chain of command. Locating both a living award nominator and a member of the chain of command who can comment on an event that happened 50 to 60-plus years ago is not only unreasonable, it is now undoubtedly impossible, as nearly all of the senior officers from the Vietnam War-era have passed (1965 -75).
5. The absurdity of this HRC chain-of-command-survivor requirement is demonstrated by another 101st Airborne Division soldier, Sp/4 Ken David. The Michigan Disabled American Veterans organization (DAV) worked for decades to have his DSC upgraded to the Medal of Honor but were unable to identify the members of his wartime chain of command. Then, almost by accident, during a 2016 visit to the National Archives, someone discovered another award nomination containing the names of Ken’s wartime chain of command. After locating and obtaining the signature of a 97-year-old general in the last days of his life in a Texas nursing home, Ken was able to receive the recognition he deserved.* On January 3, 2025, President Biden presented him with the Congressional Medal of Honor. While Ken David's receipt of the CMH was a victory, it highlights the absurdity of the HRC requiring the signature of a 97-year-old, who probably doesn’t remember the action and may not even know what he is signing to validate decades of work by Ken’s friends and the DAV. As the HRC has successfully blocked upgrade requests for decades, one wonders how many veterans have been deprived of due process since Congress waived the time restrictions on Vietnam War upgrade requests twenty-eight years ago. ​
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* Rob Lewis, "A Hero's Legacy," DAV Magazine, March-April 2025, pp. 16-19.
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6. The website features an audible option that allows users to listen while following along. Following along is necessary for viewing pictures and accessing links. Additionally, the website provides a printing feature, enabling users to print a sample of the online petition, which is suitable for posting on bulletin boards or distributing as handouts or flyers. This printing feature can be found in the petition section and is accessible from the menu bar of any web page.
7. This website consists of four major parts:
Part 1: The Battle – Extracts from Brutal Battles of Vietnam by Richard K. Kolb, concerning the single deadliest day of the war for the 82nd Airborne Division.
Part 2: Above and Beyond the Call of Duty – Chapter 13 of Roger Lockshier's book, Saving Infantry and SOG Souls.
Part 3: The Runaround – Details of the unsuccessful 2017-2020 effort to have Cpt. Jerry R. Fry’s 1968 Distinguished Service Cross (DSC) upgraded to the intended Congressional Medal of Honor (CMH).
Part 4: What Really Happened
8. Also found in the main menu:
1. Follow-up to Part 1, The Battle: “Deathtrap Village”*
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2. Petition text addressed to the Secretary of the Army followed by instructions and a link to sign the petition.
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3. A photo gallery containing copies of all pictures used on the site.
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*Why the North Vietnamese Army (NVA) seemed to have disappeared after the 82nd Airborne Battle of Ap Nam Phu