For the Army Board of Corrections of Military Records

24

MEDAL OF HONOR

RECONSIDERATION PACKET

FOR THE ARMY BOARD OF CORRECTIONS OF MILITARY RECORDS

CAPTAIN LAWRENCE M. LISS

CONTENTS INCLUDE EVIDENCE, NEW POINTS OF CONSIDERATION AND CLARIFICATION FROM THE PREVIOUS REVIEW COMPLETED BY THE ARMY AWARDS BRANCH. ENDING IN A DECLINATION IN 2011

AS FAILING TO:

“MEET THE CRITERIA OF THE MEDAL OF HONOR”

THIS SUBMISSION ADDRESSES THE UNIQUE INTREPEDITY ENCOUNTERED AT CAU SONG BE, VIETNAM

(LATER RENAMED CHI LINH)

IT FURTHER BRINGS TO LIGHT THE ADDED HEROIC ACTIONS TAKEN

BY

CPT. LAWRENCE M. LISS

ON 14 MAY 1967

THE ORIGINAL AWARD WAS

THE DISTINGUISHED FLYING CROSS

The National geographic Film Documentary can be seen at

www.larryliss.com

Research was started in 2008 and compiled by ILT (Ret) Arthur E. Liss

360-907-7329

Credit for CPT Liss’ biography goes to Jack Swickard http://swickardworld.blogspot.com

His blog “The Forgotten Mission”

INJUSTICE

Question Five of DD 149:

The following are being submitted as injustices in this case which took place at the time of the original award conferral in 1967 then during the upgrade review process and up to the present preparation of the DD 149.

1. The injustice of: An admission of adverse command influence by the II Field Force Flight Detachment S-3, CPT John Green representing the Chain of Command.

2. The injustice of: The limit on time waiver is being addressed by the attached document referring to the start on 14 April 2007 till the last on 12 April 2013…six years.

3. The injustice of: Letters were written and being ignored in attempts to clarify “why and specifically how CPT Liss did not meet the criteria for the Medal of Honor”.

4. The injustice of: Disallowing the reconsideration of the use of the Main Rotors by LTC Stewart Stephenson on Sept 2, 2009 in his letter to Congressman Joe Sestak failed to allow consideration of the procedure as being impossible and rare if ever used before.

5. The injustice: By failing to consider General Weyand’s request in 2008/2009 for an upgrade. A new affidavit is submitted by John Lovell aide to Congressman Pearce discussing the events surrounding the decision by General Weyand to address the issues so many years later (See section )

6. The injustice of: Battle field conditions added to the hazards and risk associated with flying an unarmed aircraft and succeeding over five complete landings and extractions.

The National Geographic Documentary Helicopter Wars-Vietnam Firefight submitted as evidence. Here we redirect it back to the request for that added information that day.

7. Clarification of the Act of Uncommon Valor demonstrated by CPT Liss and sworn to by WO Tom Baca by exiting the aircraft defending the troops.

8. Clarification of the Chain of Command requests.

Injustice Points:

1. Adverse command influence at the time of the action.

8. This case is about an “injustice” that took place after the mission participants returned done admittedly by a young twenty-three year old CPT and Army Rotary aviator the S-3 of II Field Force HQ’s Flight detachment. CPT John Green who in his own protective way (see attached e-mails) gave his friend and fellow aviator WO Tom Baca who had 10 days in country, an easy mission did assign he and CPT Liss on his day off to an unarmed VIP helicopter while on a Sunday to be his co-pilot. I have included the signed page from CPT Liss flight log showing the action the day of 14 May 1967

9. CPT Green states he was remiss in conferring with the pilots after the mission due to a misunderstanding. That misunderstanding was that CPT Liss who volunteered to fill in as the Co-pilot took command of the aircraft from WO Tom Baca during the highly dangerous rescue mission. Further conversations with the pilots, crew or the Special Forces soldiers were not conducted.

10. The history of that action was recorded in the DFC citations. It was not known that he was angered by an assumption that CPT Liss as the ranking officer on board had assumed control of the aircraft during the heat of combat. This misassumption has placed doubts on the accuracy of the citation. (See tab referring to some of the original points of “new and substantial” submitted in 2009).

2. The limit on time waiver

On April 13, 2007 an inquiry began out of the New Mexico office of Congressman Stevan Pearce to the April 12, 2013 response from Assistant Secretary of the Army Thomas Lamont. Ever since October 17, 2013 ongoing e-mails and phone calls to assit with HRC/Army Awards Branch in the preparation of the DD 149 have occurred between COL Mark Rado Deputy, The Adjutant General of the US Army US Army Human Resources Command and LTC Collen Carr, Chief Army Awards and Decoration Branch.

• April 13, 2007…received Award Recommendations as written by Commander David F. Williams, Jr. USNR (RET).

• May 2007 to August 2007…attempted to gather information concerning the operation and Award Citations for all concerned (per John Lovell at Congressman Pearce’s office.

· June 2007 — David Williams submits note to New Mexico Congressman Steve Pearce, recommending aircrews of award upgrades

· June 2007 — Pearce aide John Lovell asks for affidavits from people involved in mission

· June 10, 2007 — Receive email note from Kenneth Dolan, Jack Swickard’s copilot on Cau Song Be mission

· June 21, 2007 — Jack Swickard writes affidavit about mission

· June 26, 2007 — Tom Baca writes affidavit about mission

· July 2, 2007 — Larry Liss writes affidavit about mission

· July 7, 2007 — Albert Croteau, Jack Swickard’s gunner on Cau Song Be mission, writes affidavit

· Oct. 15, 2007 — James Dopp, Special Forces medic at Cau Song Be, writes affidavit

· August 22, 2008…Letter to Major General Galen Jackman, U. S. Army, Chief of the Office of Army Legislative Affairs from Congressman Stevan Pearce concerning the letter from Commander David F. Williams, Jr. USNR (RET), who wrote of the helo crews and their conspicuous gallantry, superb airmanship and service above and beyond the call of duty while under intense fire from enemy combatants by the crewmembers, rescued more than 80 CIDG Forces from Cau Song Be Camp Detachment A 333, and with all documentation from crewmembers and recommending upgrades for all of the members present in these 10 helicopter extraction flights.

· September 2, 2008…Letter to General Fredrick C. Weyand, U.S. Army (RET) from Congressman Stevan Pearce, New Mexico requesting that the General might possibly be the Recommender for awards upgrade for five crewmembers in the DA Form 638 which requires an Officer’s signature, who had knowledge of this action and agrees to be the Recommender.

· September 15, 2008…John Lovell called and talked to General Weyand and CWO Howard S. Okada, Adjutant to General Frederick C. Weyand in Hawaii. We talked about all of the papers being submitted to the General for his review and a suggestion was requested that the General please submit letters as he felt appropriate to assist in the upgrade of the awards previously received by the helicopter crews under his command in Vietnam. During this call to the General, he advised that upgrades of all the awards were warranted and as soon as he received the package, he would help in the upgrade process.

· September 16, 2008…Mailed the letter and all attachments to General Fredrick C. Weyand that we were submitting to the Army and honestly requested his advice on how to improve the submission of the material. He was additionally requested to write any letter he felt was necessary to further the cause of the eight heroic crewmembers.

· November 10, 2008…Congressman Pearce was the recipient of a Letter from General Fred C. Weyand. The General cites the performance of Captain Lawrence M. Liss, and says that he did believe that these specific actions warranted the upgrading of an award performed an act of bravery and heroism under intense combat conditions which merits an award for valor.

· January 2009 — James Lovell, an aide to Congressman Steve Pearce, has documents for award upgrades delivered to New Mexico Sen. Jeff Bingaman

· Jan. 26, 2009 — Jack Swickard signs Right to Privacy Authorization Form, allowing Sen. Jeff Bingaman’s staff to research background

· April 2, 2009 letter to Senator Bingaman from LTC Marion Salters, Chief Military Awards Branch (signed for him by LTC Stephen L. Harmon)

· May 29, 2009 — Retired Lt. Col. Wallace Johnson, commander of Cau Song Be Special Forces Camp on May 14, 1967, writes affidavit about helicopter rescue and recommends upgrade to Medal of Honor for Tom Baca, Jack Swickard and Larry Liss; Distinguished Service Cross for Al Croteau and Robert Gibson; and Silver Star Medal for Kenneth Dolan, James Dopp, Dan Lawler (KIA) and Doug Lloyd (KIA)

· May 29, 2009 letter from Congressman Sestak to then MG Galen Jackman Chief Legislative Liaison

· July 10, 2009 — Retired Gen. Fred C. Weyand, former Army chief of staff and commander of U.S. military forces in Vietnam, writes letter to Maj. Gen. Galen B. Jackman, chief legislative liaison, suggesting awards previously granted to aircrew members be reviewed to determine if upgrades are warranted

· July 24 and July 31, 2009 written by Congressman Joe Sestak to Awards Branch

· July 24, 2009 — Frank G. Mills Sr., Pennsylvania VFW State Commander, writes letter to Pennsylvania congressional delegation, recommending Larry Liss for the Medal of Honor

· Aug. 3, 2009 — M.A. Gedra of the National Archives writes letter to Larry Liss, informing him award case files, aside from this recommending award of the Medal of Honor, were not considered permanent records before 1969 and, therefore, are not on file

· Aug. 9, 2010 — Art Liss compiles listing of information learned about mission since May 14, 1967, as required by Department of the Army rules for award upgrade

· Sept. 2, 2009 letter to Senator Casey from LTC Stephenson (signed for him by LTC Stephen L. Harmon C/O Kurt Imhof

· to Congressman Joe Sestak of Pennsylvania about Larry Liss’s award upgrade recommendation

· Sept 2, 2009 letter to Senator Casey from LTC Stephenson (signed for him by LTC Stephen L. Harmon

· September 17, 2009 letter from LTC Stephen Harmon Awards Branch to Senator Casey C/O Kurt Imhof

· September 18, 2009 letter from Senator Casey to Larry

· Big pause…………………while LTC request was being worked on.

· February 21, 2010 Letter from LTC Stewart Stephenson to Larry answering clarification questions.

· June 25, 2010 letter to then Defense Secretary Robert Gates by Congressman Gerlach

· June 25, 2010 Letter from LTC Stewart Stephenson to Senator Casey C/O Teresa Dennis

· July 7, 2010 Letter From Teresa at Senator Casey’s office to Larry

· July 19, 2010 Letter from LTC Stewart Stephenson to Arthur Liss

• July 22, 2010-Baca writes eye witness affidavit on Liss

• July 22, 2010-Baca writes eye witness affidavit on Swickard

• July 28, 2010- Liss writes eye witness affidavit on Baca

• August 3, 2010-Swickard writes eye witness statement on Baca

• August 3, 2010-Swickard writes eye witness statement on Liss

• August 3, 2010-Swickard writes eye witness on Croteau

• August 3, 2010 letter to Vice President Biden from Widener University (formally Pennsylvania Military College) President James Harris.

• August 4, 2010-Croteau writes eye witness statement on Swickard

• August 9, 2010-Liss writes eyewitness on Swickard

• August 10, 2010- Final copy of “New Facts about Cau Song Be” completed

• August 31, 2010 Dept. of Army response to June 25, 2010 letter to Sec of Defense Robert Gates

• September 21, 2010 from Stephenson to Gerlach regarding phone call on 08.17.2010

• September 23, 2010 John Green letter attesting to adverse command influence sent to the DOA Branch Chief

• December 3, 2010 letter from Congressman Gerlach to LTC Stephenson

• February 1, 2011 Letter from LTC Stewart Stephanson Awards Branch Chief to Congressman Gerlach

• March 29, 2011 letter from Senator Toomey to COL Laura Richardson your Senate Liaison which was sent to LTC Stephenson

• April 18, 2011 letter from LTC Stewart Stephenson to Senator Pat Toomey

• May 11, 2011 letter from Senator Pat Toomey about the declination

• July 27, 2011 letter from National VVA President John Rowan to Secretary of the Army McHugh forwarded back to LTC Stephenson

• October 5, 2011 Letter from Congressman Gerlach to Secretary of the Army John McHugh

• Jan 3, 2012 letter from Secretary of the Army Mc Hugh to Congressman Gerlach

• May 22, 2012 Letter to Asst Secretary of the Army for Manpower and Reserve Affairs with signatures of Pearce, Toomey and Gerlach

• August 7, 2012 Letter from LTC Michael Reis Asst Chief Awards Branch to Congressman Gerlach

• December 13, 2012 another letter to Asst Secretary of the Army for Manpower and Reserve Affairs with signatures of Pearce, Toomey and Gerlach

• April 12, 2013 Letter from Lamont to Senator Toomey

• May 7, 2013 Letter from Jeanne Rowan AMCMR with a DD 149 attached

The year starts here

3. Letters were written and were ignored in attempts to clarify “why and specifically how CPT Liss did not meet the criteria for the Medal of Honor” and reference to a “comparison” cannot be done as pointed out by Secretary McHugh.

A) Congressman Jim Gerlach submitted this three page narrative to the Army Awards Branch on 12.03.2010. It did not contain specific reference to how the Medal of Honor was achieved. Nowhere in the narrative did he refer to the Medal of Honor thereby not presenting the “reasons for” other than statements “about”.

B) February 1, 2011 the letter from LTC Stephenson the Awards Branch Chief said “that the degree of action and service rendered did not meet the criteria for the proposed award.”

C) October 5, 2011 Congressman Gerlach wrote Secretary of the Army Mc Hugh and for the first time specifically referred to the fact the criteria was meet offering the some of the following points:

1) Flying in an unarmed helicopter

2) Volunteered to rescue allied troops against an estimated 600-700 enemy combatants

3) That they did something never done before using the main rotors to clear through vegetation up to 40’ creating their own LZ

4) That General Fred Weyand the units Commanding General wrote in 2009 citing the mission calling their action “Uncommon Valor”.

5) That 5th Special Forces CDR sited “extraordinary heroism” saving over 80 soldiers.

6) That there was no A-1E aircraft support no gunship support nor artillery support.

7) That the definition of the MOH as it refers to “Conspicuous Gallantry” and intrepidity at the risk of his life above and beyond the call of duty while engaged against in an action against an enemy of the United States did in fact reach that level.