PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 20 December 2001
         DOCKET NUMBER: AR2001055299


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mrs. Nancy Amos		Analyst

The following members, a quorum, were present:

Mr. John N. Slone		Chairperson
Mr. Thomas B. Redfern, III		Member
Mr. Lester Echols		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant requests that he be awarded the Presidential Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two or more Air Medals.

3. The applicant states that he served with Company B, 2d Battalion, 8^th Cavalry (2/8^th Cavalry) in Vietnam, a highly-involved combat unit. Plus, he was at the battle at Landing Zone Carolyn on 6 May 1969 and was wounded. He provides the Recommendation for Award of the Valorous Unit Award and accompanying proposed citation for the 6 May 1969 action. He also provides two letters, one from his former Company B commander and one from the former Headquarters and Headquarters Company (HHC), 2/8^th Cavalry commander confirming he was involved in the 6 May 1969 action. His former Company B commander states that the applicant was attached to HHC, 2/8^th Cavalry at the time. Counsel makes no additional statement.

4. The applicant’s military records show that he was inducted into the Army on 15 February 1968. He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

5. The applicant arrived in Vietnam on or about 4 August 1968. His Enlisted Qualification Record, DA Form 20, shows he was assigned to Company A, 2/8^th Cavalry, 1^st Air Cavalry Division as an 11B rifleman. He was assigned to Company B, 2/8^th Cavalry on 16 September 1968 as an 11B automatic rifleman. He was reassigned to Company A, 2/8^th Cavalry on 22 May 1969 as an 11B squad leader. Orders show he had been awarded the Purple Heart for wounds received on 5 February 1969 and the Bronze Star Medal with V device for action on 4 March 1969.

6. The applicant departed Vietnam on 24 July 1969. He was released from active duty early to attend school on 22 December 1969 after completing 1 year, 10 months, and 8 days of creditable active service with no lost time. His DA Form 20 shows that his conduct and efficiency had been rated as excellent for the entire period.

7. Department of the Army Pamphlet 672-3 shows that the 2/8^th Cavalry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 – 19 May 1969 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 – 1 February 1970. (It had been awarded the Presidential Unit Citation for the period 23 October – 26 November 1965). In addition, HHC, Company C, and Company E of the 2/8^th Cavalry were awarded the Valorous Unit Award for action on 6 May 1969. No unit of the 2/8^th Cavalry was awarded the Meritorious Unit Commendation.

8. Army Regulation 670-1 prescribes the authorization for wear of uniforms and prescribes the awards, insignia and accouterments authorized for wear on the uniform. In pertinent part, it states that a soldier may wear a unit award permanently if the individual was assigned to and present for duty with the unit any time during the period cited or who was attached by competent orders to and present for duty with the unit during the entire period or for at least 30 consecutive days of the period cited. A soldier may wear the unit award temporarily if the individual was not present with the unit during the period cited but was subsequently assigned to the unit.

9. Army Regulation 600-8-22 provides for the award of the Combat Infantryman Badge to a soldier who is an infantryman satisfactorily performing infantry duties, who is assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat.

10. Army Regulation 600-8-22 provides for the award of the Air Medal to any person who will have distinguished himself while participating in aerial flight. It is primarily intended to recognize those personnel who are on current crewmember or noncrewmember flying status which requires them to participate in aerial flight on a regular and frequent basis in the performance of their primary duties. However, it may also be awarded to personnel whose combat duties require them to fly in the attack elements of units involved in airland assaults against an armed enemy. Involvement in such activities serves only to establish eligibility for award of the Air Medal; the degree of heroism, meritorious achievement or exemplary service determines who should receive the award.

11. At the time, U.S. Army Vietnam Regulation 672-1 provided that individuals who traveled by aircraft from point to point for the purpose of participating in combat assaults were eligible for the award of the Air Medal for achievement after completion of 25 assault missions. For personnel transported by aircraft, a combat assault mission was defined as a mission where friendly troops conducted the initial landings into a hostile area for the purpose of conducting combat or combat support operations. A passenger may have received credit for one mission for each assault landing completed.

12. Combat missions were divided into three categories. A category I mission was defined as a mission performed in an assault role in which a hostile force was engaged and was characterized by delivery of ordnance against the hostile force, or delivery of friendly troops or supplies into the immediate combat operations area. A category II mission was characterized by support rendered a friendly force immediately before, during or immediately following a combat operation. A category III mission was characterized by support of friendly forces not connected with an immediate combat operation but which must have been accomplished at altitudes which made the aircraft at times vulnerable to small arms fire, or under hazardous weather or terrain conditions.
13. To be recommended for award of the Air Medal, an individual must have completed a minimum of 25 category I missions, 50 category II missions or 100 category III missions. Since various types of missions would have been completed in accumulating flight time toward award of an Air Medal for sustained operations, different computations would have had to be made to combine category I, II and III flight time and adjust it to a common denominator.

14. Normally, missions flown by personnel assigned to nonaviation units would have been recorded on USARV Form 131 by the individual and signed by the certifying officer.

15. Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.

16. A review of morning report entries and attachment orders for HHC, 2/8^th Cavalry failed to reveal the applicant had been attached to HHC, 2/8^th Cavalry.

CONCLUSIONS:

1. The evidence of record shows that the applicant is entitled to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for the period he was assigned to 2/8^th Cavalry. He also met the eligibility criteria for award of the Combat Infantryman Badge and the Army Good Conduct Medal.

2. The Board notes that the applicant was assigned to the 1^st Air Cavalry Division; however, there is no evidence of record such as a USARV Form 131 or any other evidence to show he met the mission requirements to qualify for recommendation for award of the Air Medal.

3. Neither the 2/8^th Cavalry nor any individual unit in the battalion was awarded the Meritorious Unit Commendation. The battalion was awarded the Presidential Unit Citation but it was for a period prior to the applicant’s assignment to the battalion. He may have worn it as a temporary award during the period he was assigned to the battalion but he is not entitled to wear it as a permanent award.

4. The Board notes the supporting statement indicating the applicant was attached to HHC, 2/8^th Cavalry; however, no official record of his attachment could be located. In the absence of such record, the Board presumes the applicant was not officially attached to HHC and so did not meet the regulatory criteria for permanent award of the Valorous Unit Award.

5. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by awarding the applicant the Army Good Conduct Medal for the period 15 February 1968 – 22 December 1969 and the Combat Infantryman Badge.

2. That the applicant’s DD Form 214 be amended to add the Army Good Conduct Medal, the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.

3. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__jns___ __tbr___ __le____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           John N. Slone
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2001055299
SUFFIX
RECON
DATE BOARDED	20011220
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0018
2.	107.0031
3.	107.0034
4.
5.
6.