Anthony Herbert (US soldier)
Encyclopedia
Lieutenant Colonel
Lieutenant Colonel (United States)
In the United States Army, United States Air Force, and United States Marine Corps, a lieutenant colonel is a field grade military officer rank just above the rank of major and just below the rank of colonel. It is equivalent to the naval rank of commander in the other uniformed services.The pay...

 Anthony B. Herbert (born 1930 in Herminie, Pennsylvania
Herminie, Pennsylvania
Herminie is a census-designated place in Sewickley Township, Westmoreland County, Pennsylvania, United States. The population was 856 at the 2000 census.-History:...

) was an officer in the United States Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...

, who served in both the Korean War
Korean War
The Korean War was a conventional war between South Korea, supported by the United Nations, and North Korea, supported by the People's Republic of China , with military material aid from the Soviet Union...

 and the Vietnam War
Vietnam War
The Vietnam War was a Cold War-era military conflict that occurred in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. This war followed the First Indochina War and was fought between North Vietnam, supported by its communist allies, and the government of...

. He is best known for his claims that he witnessed war crime
War crime
War crimes are serious violations of the laws applicable in armed conflict giving rise to individual criminal responsibility...

s in Vietnam
Vietnam
Vietnam – sometimes spelled Viet Nam , officially the Socialist Republic of Vietnam – is the easternmost country on the Indochina Peninsula in Southeast Asia. It is bordered by China to the north, Laos to the northwest, Cambodia to the southwest, and the South China Sea –...

, which his commanding officer refused to investigate. He is the author of several books about his experiences, including Soldier and Making of A Soldier.

Military service

Herbert enlisted in the United States Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...

 in May 1947 to be a paratrooper. He completed Basic Combat Training at Fort Dix, New Jersey
New Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...

, and Basic Airborne School at Ft. Benning, Georgia
Georgia (U.S. state)
Georgia is a state located in the southeastern United States. It was established in 1732, the last of the original Thirteen Colonies. The state is named after King George II of Great Britain. Georgia was the fourth state to ratify the United States Constitution, on January 2, 1788...

. After a few months of service in the peacetime Army at Ft. Lewis, Washington, he accepted a discharge in 1948, returned home and graduated from high school. He then re-enlisted in the Army in February 1950 and became a paratrooper
Paratrooper
Paratroopers are soldiers trained in parachuting and generally operate as part of an airborne force.Paratroopers are used for tactical advantage as they can be inserted into the battlefield from the air, thereby allowing them to be positioned in areas not accessible by land...

 in the 82nd Airborne Division.

Korean War

He deployed for Korea in October on the troopship Walker. It was here, in the Korean War, that he first built his reputation as a fighter, and was rapidly promoted to become one of the youngest Master Sergeant
Master Sergeant
A master sergeant is the military rank for a senior non-commissioned officer in some armed forces.-Israel Defense Forces:Rav samal rishoninsignia IDF...

s in the Army, and one of the most decorated.

He was awarded four Silver Star
Silver Star
The Silver Star is the third-highest combat military decoration that can be awarded to a member of any branch of the United States armed forces for valor in the face of the enemy....

s, three Bronze Stars with a V, six battle star
Service star
A service star, also referred to as a battle star, campaign star, or engagement star, is an attachment to a United States military decoration which denotes participation in military campaigns or multiple bestowals of the same award. Service stars are typically issued for campaign medals, service...

s, four Purple Heart
Purple Heart
The Purple Heart is a United States military decoration awarded in the name of the President to those who have been wounded or killed while serving on or after April 5, 1917 with the U.S. military. The National Purple Heart Hall of Honor is located in New Windsor, New York...

s and, for his bravery fighting alongside Turkish soldiers, the Republic of Turkey's Osminieh Order
Osminieh Order
The Order of Osmanieh, Order of Osmanie, Order of Osmania was a military decoration of the Ottoman Empire, created in January 1862 by Sultan Abdulaziz. With the obsolescence of the Nichan Iftikhar , this became the second highest order in the Empire, ranking below the High Order of Honour...

. He was wounded 14 times—10 by bullets, 3 by bayonet, and once by white phosphorus.

He was selected by General Matthew Ridgeway in 1951 to represent the American Soldier in Korea and returned to the U.S., going to the White House
White House
The White House is the official residence and principal workplace of the president of the United States. Located at 1600 Pennsylvania Avenue NW in Washington, D.C., the house was designed by Irish-born James Hoban, and built between 1792 and 1800 of white-painted Aquia sandstone in the Neoclassical...

 to meet President
President
A president is a leader of an organization, company, trade union, university, or country.Etymologically, a president is one who presides, who sits in leadership...

 Harry Truman, and traveling the country to promote the war.

It was during this time that he met former first lady Eleanor Roosevelt
Eleanor Roosevelt
Anna Eleanor Roosevelt was the First Lady of the United States from 1933 to 1945. She supported the New Deal policies of her husband, distant cousin Franklin Delano Roosevelt, and became an advocate for civil rights. After her husband's death in 1945, Roosevelt continued to be an international...

 and was persuaded by her to go to college and gain an education, for whatever he would do with the rest of his life. Herbert left the Army once again in 1952 to enter the University of Pittsburgh
University of Pittsburgh
The University of Pittsburgh, commonly referred to as Pitt, is a state-related research university located in Pittsburgh, Pennsylvania, United States. Founded as Pittsburgh Academy in 1787 on what was then the American frontier, Pitt is one of the oldest continuously chartered institutions of...

 in order to complete a Bachelor of Arts
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...

 degree, graduating in 1956 and re-entering the Army as a Second Lieutenant in the Pennsylvania National Guard
Pennsylvania National Guard
The Pennsylvania National Guard is composed of the Pennsylvania Army National Guard and the Pennsylvania Air National Guard. It is one of the largest National Guards in the nation. It has the largest Army National Guard of all the states and the fourth largest Air National Guard. These forces are...

.

At the same time he ascensioned for active duty and began the Infantry Officer's Basic Course (then called Basic Infantry Officer's Course, or BIOC) at Ft. Benning, GA. After graduating that course with high marks, he was assigned as an Instructor to the Mountain Ranger Training Camp at Dahlonega, Georgia. He followed this with assignments of increasing responsibility and was promoted quickly.

Vietnam War

He first deployed to the Vietnam War in 1968 with the Inspector General's Office assigned to the 173d Airborne Brigade, a unit with whom he would later make a dramatic mark, and one in which he would encounter many controversial roles later on.

He took command of the 2nd Battalion (Airborne), 503rd Infantry, which become one of the most highly rated in the war. His battalion led its brigade in contacts with the enemy, captured weapons and enemy prisoners taken, as well as the highest reenlistment rate and fewest AWOLs.

"Herbert's War"

In the wake of the controversy surrounding the My Lai Massacre
My Lai Massacre
The My Lai Massacre was the Vietnam War mass murder of 347–504 unarmed civilians in South Vietnam on March 16, 1968, by United States Army soldiers of "Charlie" Company of 1st Battalion, 20th Infantry Regiment, 11th Brigade of the Americal Division. Most of the victims were women, children , and...

, LTC Herbert claimed to have witnessed a number of war crimes in Vietnam, which he reported to his superiors but which they allegedly refused to curb or discipline. Herbert pressed charges against his commanding officers for their intransigence.

Herbert had reported eight separate war crimes, including incidents of, looting, execution and murder.

The battle between Herbert and the military came to be dubbed "Herbert's War."

In one episode involving some Vietnamese girls Herbert stated, "The area was brilliantly lit by floodlights ... Each of them [the girls] was seated with their hands on a table, palms down." Herbert described the instruments used as a "long springy rod of bamboo split into dozens of tight, thin flails on one end. It was a murderous weapon," he said. "I'd seen it take the hide off a buffalo. When it was struck down hard, the flails splayed out like a fan, but an instant after impact they returned to their order, pinching whatever was beneath."

According to Herbert, "War crimes are infinitely easier to overlook than to explain to an investigating committee. Nor do they do much for promotion among the 'West Point
United States Military Academy
The United States Military Academy at West Point is a four-year coeducational federal service academy located at West Point, New York. The academy sits on scenic high ground overlooking the Hudson River, north of New York City...

 Protection Society' of the Army's upper-echelon career men. So when I kept bringing up the matter, I kept on making enemies and getting answers such as, "'what the hell did you expect, Herbert? Candy and flowers?' I reported these things and nothing happened."

Some commentators have opined that Herbert's allegations were exaggerated or unsubstantiated.

Herbert was accused of exaggeration and outright lying in his filed reports. In April of 1969 he was relieved of his command of the Second Battalion, despite its outstanding record under his leadership.

"I know now it wasn't just the Army," Herbert says. "It was General Westmoreland
William Westmoreland
William Childs Westmoreland was a United States Army General, who commanded US military operations in the Vietnam War at its peak , during the Tet Offensive. He adopted a strategy of attrition against the National Liberation Front of South Vietnam and the North Vietnamese Army. He later served as...

 in particular. He did everything he possibly could to keep my case covered up because of the heat being placed on the Army from the My Lai case."

The Army Criminal Investigation Division (CID) produced several reports on Herbert's claims. A report dated Aug. 23, 1971 reviewing Herbert's allegations stated: " ... technique employed included the transmission of electrical shock by means of a field telephone [used to a Vietnamese girl] a water rag treatment which impaired breathing, hitting with sticks and boards, and beating of detainees with fists."

A CID report marked FOR OFFICIAL USE ONLY: "Herbert's S-3 [non-commissioned officer] witnessed a field telephone in use during interrogation, but no objection was raised"

Dozens of official CID documents substantiated Herbert's statements, despite this the Army, claimed that Herbert had "a propensity to lie or exaggerate."

On March 15, 1971, Herbert reported 14 separate charges to his superior J. Ross Franklin, including corpse mutilation and the electrical torture of a Vietnamese girl by Army intelligence.

Herbert gave interviews to Life Magazine, the New York Times and on the Dick Cavett Show. He took voluntary polygraph
Polygraph
A polygraph measures and records several physiological indices such as blood pressure, pulse, respiration, and skin conductivity while the subject is asked and answers a series of questions...

 tests and passed. "Army harassment increased until at last, my family began to show signs of stress from the ordeal.", Herbert said.

Retirement

Feeling pressured by the army, on Nov. 7, 1971 he set his own retirement in motion, retiring from the Army in February 1972.

A year later Herbert and New York Times correspondent James Wooten wrote the best selling book Soldier, an autobiographical book documenting his efforts to expose both the incompetence and the atrocities he'd seen in Vietnam.

Some years after his retirement from the Army, he was asked in an interview how he felt about leaving about the Army after all that had come to pass. He remarked, "If you stick by your guns, if you stand by the truth, you win. I feel good about my time in Vietnam and my time in the Army. As my friend Sgt. Maj. John Bittorie once said, 'There are two kinds of military reputations. One is official and on paper in Washington DC. The other is the one that goes from bar to bar from the mouths of those who served with you there.' That is the only reputation I ever really cared about."

"The Selling of Colonel Herbert"

On Feb. 4, 1973, CBS
CBS
CBS Broadcasting Inc. is a major US commercial broadcasting television network, which started as a radio network. The name is derived from the initials of the network's former name, Columbia Broadcasting System. The network is sometimes referred to as the "Eye Network" in reference to the shape of...

's 60 Minutes
60 Minutes
60 Minutes is an American television news magazine, which has run on CBS since 1968. The program was created by producer Don Hewitt who set it apart by using a unique style of reporter-centered investigation....

 aired a segment titled "The Selling of Colonel Herbert." CBS correspondent Mike Wallace
Mike Wallace
Michael Wallace may refer to:*Mike Wallace , television correspondent**The Mike Wallace Interview, his TV series*Mike Wallace , American historian...

 and producer Barry Lando challenged his credibility, implying that Soldier was fictitious and that Herbert himself was guilty of war crimes.

Supporting the CBS allegations against Herbert on the show was Herbert's old nemesis, Lt. Col. J. Ross Franklin who had been relieved of his command. Franklin had been relieved from his command for throwing a Vietnamese body out of a helicopter. (In 1991 Franklin was convicted and sent to prison to serve a five-year sentence for his role in a securities scam.)

Herbert suspected that the Nixon administration put pressure on CBS, which led to the story. CBS president Frank Stanton
Frank Stanton
Frank Nicholas Stanton was an American broadcasting executive who served as the president of CBS between 1946 and 1971 and then vice chairman until 1973. He also served as the chairman of the Rand Corporation from 1961 until 1967.Along with William S. Paley, Stanton is credited with the...

 was under subpoena for an earlier broadcast called The Selling of the Pentagon. About that time Stanton paid a visit to Nixon White House counsel Charles Colson
Charles Colson
Charles Wendell "Chuck" Colson is a Christian leader, cultural commentator, and former Special Counsel for President Richard Nixon from 1969 to 1973....

, who later said in the New York Times that Stanton volunteered to help Nixon and was unusually accommodating.

Herbert v. Lando

Herbert sued CBS over the 60 Minutes
60 Minutes
60 Minutes is an American television news magazine, which has run on CBS since 1968. The program was created by producer Don Hewitt who set it apart by using a unique style of reporter-centered investigation....

segment that painted him as a liar. The charge stemmed from an appearance he made on the show, when host Mike Wallace
Mike Wallace (journalist)
Myron Leon "Mike" Wallace is an American journalist, former game show host, actor and media personality. During his 60+ year career, he has interviewed a wide range of prominent newsmakers....

 surprised him by bringing one of his Army colleagues into the interview, who proceeded to deny the veracity of much of Herbert's story.

The case reached the United States Supreme Court (Herbert v. Lando, 441 U.S. 153 (1979)). The Court ruled that defendants have no privilege under the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...

 which would bar a plaintiff from inquiring into the editorial process or states of mind of those involved in the alleged libel, if the inquiry was tailored to the production of evidence considered material to plaintiff's necessary burden of proof.

This ruling allowed Herbert to seek proof of the alleged libel.

In 2005 the U.S. Court of Appeals in New York dismissed the libel suit. Judge Irving R. Kaufman, a member of the three-judge panel, ruled that Herbert had no grounds to take his case to trial in a 43-page opinion. The opinion stated the CBS story was essentially accurate. To go to trial over some minor unresolved issues would be a "classic case of the tail wagging the dog."

Herbert was reported considering again appealing his case to the U.S. Supreme Court. It was Judge Kaufman who the Supreme Court reversed in the 1979 decision. Jonathan Lubell, Herbert's attorney, claimed that Kaufman has long been sympathetic to the press.

Post military life

During his military career, he earned a doctorate in psychology, and later become a police and clinical psychologist. He has since retired.

Awards and decorations

 Ranger tab
Ranger Tab
The Ranger Tab is a service school military decoration of the United States Army signifying completion of the 61-day long Ranger School course in small-unit infantry combat tactics in woodland, mountain, and swamp operations. In December 2009 a British NCO earned the Ranger tab...

 Combat Infantryman Badge
Combat Infantryman Badge
The Combat Infantryman Badge is the U.S. Army combat service recognition decoration awarded to soldiers—enlisted men and officers holding colonel rank or below, who personally fought in active ground combat while an assigned member of either an infantry or a Special Forces unit, of brigade size...

, second award
 Expert Infantryman Badge
Expert Infantryman Badge
The Expert Infantryman Badge, or EIB, is a military badge of the United States Army. Although similar in name and appearance to the Combat Infantryman Badge , it is a completely different award: while the CIB is awarded for participation in ground combat, the EIB is presented for completion of a...

  Master Parachutist Badge
Parachutist Badge (United States)
The Parachutist Badge, also commonly referred to as "Jump Wings" or "Snow Cone", is a military badge of the United States Armed Forces awarded to members of the United States Army, Air Force, Marine Corps and Navy...

  Glider Badge
Glider Badge
The Glider Badge was a qualification badge of the United States Army. According to the U.S. Army Institute of Heraldry, the badge was awarded to personnel who had "been assigned or attached to a glider or airborne unit or to the Airborne Department of the Infantry School; satisfactorily completed...

  Pathfinder Badge
  Silver Star
Silver Star
The Silver Star is the third-highest combat military decoration that can be awarded to a member of any branch of the United States armed forces for valor in the face of the enemy....

 with 4 Oak Leaf Clusters
  Legion of Merit
Legion of Merit
The Legion of Merit is a military decoration of the United States armed forces that is awarded for exceptionally meritorious conduct in the performance of outstanding services and achievements...

  Soldiers Medal
  Bronze Star
Bronze Star Medal
The Bronze Star Medal is a United States Armed Forces individual military decoration that may be awarded for bravery, acts of merit, or meritorious service. As a medal it is awarded for merit, and with the "V" for valor device it is awarded for heroism. It is the fourth-highest combat award of the...

 with 3 Oak Leaf Clusters and combat V device
  Air Medal
Air Medal
The Air Medal is a military decoration of the United States. The award was created in 1942, and is awarded for meritorious achievement while participating in aerial flight.-Criteria:...

 with bronze numeral "2"
  Purple Heart
Purple Heart
The Purple Heart is a United States military decoration awarded in the name of the President to those who have been wounded or killed while serving on or after April 5, 1917 with the U.S. military. The National Purple Heart Hall of Honor is located in New Windsor, New York...

 with 3 Oak Leaf Clusters
  Army Commendation Medal with 3 Oak Leaf Clusters and combat V device
  Good Conduct Medal
Good Conduct Medal
The Good Conduct Medal is one of the oldest military awards of the United States military. The Navy Good Conduct Medal was first issued in 1869, followed by a Marine version in 1896. The Coast Guard Good Conduct Medal was issued in 1923 and the Army Good Conduct Medal in 1941. The Air Force was...

  Army Reserve Components Achievement Medal
  Army of Occupation Medal
Army of Occupation Medal
The Army of Occupation Medal is a military award of the United States military which was established by the United States War Department on 5 April 1946. The medal was created in the aftermath of the Second World War to recognize those who had performed occupation service in either Germany or Japan...

  National Defense Service Medal
National Defense Service Medal
The National Defense Service Medal is a military service medal of the United States military originally commissioned by President Dwight D. Eisenhower...

 with bronze service star
  Armed Forces Expeditionary Medal
Armed Forces Expeditionary Medal
The Armed Forces Expeditionary Medal is a military award of the United States military, which was first created in 1961 by Executive Order of President John Kennedy...

  Korean Service Medal
Korean Service Medal
The Korean Service Medal is an award of the United States military and was created in November 1950 by executive order of President Harry Truman. The Korean Service Medal is the primary United States medal for participation in the Korean War and is awarded to any U.S. service member, who...

 with 6 service stars
  Vietnam Service Medal
Vietnam Service Medal
The Vietnam Service Medal is a military award which was created in 1965 by order of President Lyndon B. Johnson. The distinctive design was the creation of sculptor Thomas Hudson Jones, a former employee of the Army Institute of Heraldry. The medal is issued to recognize military service during...

 with 4 service stars
  Armed Forces Reserve Medal
Armed Forces Reserve Medal
The Armed Forces Reserve Medal is a military award of the United States Armed Forces that has existed since 1950. The medal recognizes service performed by the Reserve and National Guard forces of the United States of America....

 (Army) with bronze hourglass
  United Nations Service Medal
United Nations Service Medal
The United Nations Service Medal for Korea is an international military decoration which was established by the United Nations on December 12, 1950...

  Vietnam Campaign Medal
Vietnam Campaign Medal
The Vietnam Campaign Medal is a military recognition awarded by the Republic of Vietnam, , to any member of the United States, Australian, New Zealand and allied military forces serving six months or more in support of Republic of Vietnam military operations.Established in 1966, the decoration is...

 w/device
  Korean War Service Medal
Korean War Service Medal
The Korean War Service Medal is a decoration of South Korea which was first authorized in December 1950...

  U.S. Presidential Unit Citation w/3 OLCs
  Meritorious Unit Commendation
Meritorious Unit Commendation
The Meritorious Unit Commendation is a mid-level unit award of the United States military which is awarded to any military command which displays exceptionally meritorious conduct in the performance of outstanding service, heroic deeds, or valorous actions....

  Presidential Unit Citation (Korea)
Presidential Unit Citation (Korea)
The Republic of Korea Presidential Unit Citation is issued by the government of South Korea to both Korean military and foreign units. The last major issuance of the decoration was during the Korean War when the decoration was bestowed to several U.S., U.K., and Commonwealth military units...

  Vietnamese Gallantry Cross with Palm
  Vietnam Civil Actions Medal
Vietnam Civil Actions Medal
The Vietnam Civil Actions Medal was a decoration of South Vietnam which was first established in 1964. The decoration is a mid-level service award which was awarded to any member of the Vietnamese military who performed outstanding civic service to the state or who participated in civil service...

Republic of Turkey
Turkey
Turkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...

 Osminieh Order
Osminieh Order
The Order of Osmanieh, Order of Osmanie, Order of Osmania was a military decoration of the Ottoman Empire, created in January 1862 by Sultan Abdulaziz. With the obsolescence of the Nichan Iftikhar , this became the second highest order in the Empire, ranking below the High Order of Honour...

German Army Parachute Wings
Parachutist Badge (Germany)
The German Armed Forces Parachutist Badge is the badge awarded to and worn by qualified parachutists of the Armed Forces of the Federal Republic of Germany...

British Army Parachute Wings
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