PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 24 July 2003
         DOCKET NUMBER: AR2003085214


         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
Ms. Beverly A. Young		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Mr. John P. Infante		Member
Ms. Yolanda Maldonado		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 correction of his records to show award of the Air Medal and the Presidential Unit Citation.

3. The applicant states that he shares the lack of an award of the Air Medal with several other members of the 2nd Platoon, Company B, 1st Battalion, 7th Cavalry, 1st Cavalry Division, which conducted numerous Category I
air-assault missions in the Republic of Vietnam during his period of service from December 1965 through August 1966. He claimed that B Company conducted extended field operations during his tour of duty and the company and battalion support units appeared to have been involved with unit combat operations and not support paperwork such as the required U.S. Army Vietnam Form 131 for air assault missions. He stated that a fellow platoon member conducted a search for records at the National Archives in Maryland which resulted in no records on file for the 1st Battalion, 7th Cavalry or its parent organization, the 3rd Brigade of the 1st Cavalry Division prior to 1968. He also stated that only a portion of the Division General Orders were available for review.

4. He continued to state that he arrived in country and was assigned to B Company, 1st Cavalry, 7th Cavalry during the first week of December 1965. He received three combat wounds that were all due to "pungi stakes" and he was evacuated after his third wound in the middle of August 1966. He further stated that General Orders Number 3234, dated 13 September 1966, lists awards of the Air Medal to other men in his platoon who arrived with him into B Company and shortly after him in December 1965. He contended that he had been evacuated to a hospital facility and not carried on the morning report as "present for duty" when the list of names was assembled. He claimed that he was not listed because the new unit First Sergeant was unaware of his original entry into the unit and B Company's long-term field mission. He also claimed that this clerical error represented an injustice to him and the whole-hearted service he gave his country.

5. He further claimed that, through an administrative error, the award of the Presidential Unit Citation was not included on his DD Form 214. He stated that he suffers from Post Traumatic Stress Disorder as documented in his Veterans Administration records. He stated that, in the past six months, he has gained more control of his situation and wants to set his service record straight by receiving the Air Medal and Presidential Unit Citation. In support of his application, he submitted a supplemental letter and a copy of Headquarters 1st Cavalry Division (Airmobile) General Orders Number 3234, dated 13 September 1966 and Headquarters 1st Cavalry Division (Airmobile) General Orders Number 3238, dated 13 September 1966.

6. The applicant’s military records show that he entered active duty on 15 March 1965 for a period of three years. He completed the required training and was awarded military occupational specialty 11B (light weapons infantryman). The applicant served in Vietnam from 5 December 1965 through 19 August 1966 and was honorably released from active duty on 22 September 1967.

7. The applicant's DD Form 214 does not show the Air Medal or the Presidential Unit Citation as authorized awards.

8. There are no orders which show the applicant was awarded the Air Medal. His DA Form 20 (Enlisted Qualification Record) was prepared by reconstructed records. This document does not list the Air Medal in item 41 (Awards and Decorations). There are no flight hours recorded in the applicant’s personnel records. There also is no evidence that he met the qualifications for or was recommended for award of the Air Medal.

9. The applicant's personnel records contain Headquarters 1st Cavalry Division (Airmobile) General Orders Number 2069 dated 16 June 1966, which awarded him the Purple Heart (First Oak Leaf Cluster) for actions on 11 June 1966. These orders show the applicant was assigned to Company B, 1st Battalion, 7th Cavalry in the Republic of Vietnam.

10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the 1st Battalion, 7th Cavalry was awarded the Presidential Unit Citation for actions during the period 23 October to 26 November 1965 by Department of the Army General Orders (DAGO) Number 40, dated 1967. This document also shows that Company B of the 7th Cavalry was awarded the Presidential Unit Citation for actions during the period 12 December 1966 to 18 February 1967 by DAGO Number 2, dated 1973.

11. Appendix B of Army Regulation 600-8-22 (Military Awards) lists, in pertinent part, the military campaigns of the Vietnam War. Based on the applicant’s dates of service in Vietnam, Appendix B shows that he participated in the Vietnam Defense Campaign, the Vietnam Counteroffensive Campaign, and the Vietnam Counteroffensive, Phase II Campaign.

12. Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 1st Battalion, 7th Cavalry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 70, dated 1969.

13. U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal. It established that passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations. It defined terms and provided guidelines for the award based upon the number and types of missions or hours. Twenty-five Category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in Category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal. However, the regulation was clear that these guidelines were considered only a departure point. Nothing created an entitlement to the award. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

14. Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action. A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

CONCLUSIONS:

1. There are no orders available to the Board which authorize award of the Air Medal to the applicant.

2. The Board notes the orders submitted by the applicant in support of his claim for award of the Air Medal. It is possible his being wounded twice interrupted his schedule of air assault participation, causing him not to accumulate the required number of assaults. In any case, there is no evidence of record which shows he participated in air assaults with Company B, 7th Cavalry, 1st Cavalry Division during his tour in Vietnam. Therefore, there is no basis for awarding the applicant the Air Medal.

3. The evidence of record shows the applicant was assigned to Company B, 1st Battalion, 7th Cavalry in Vietnam from 5 December 1965 through 19 August 1966. However, Department of the Army Pamphlet 672-3 does not show that the 1st Battalion, 7th Cavalry was cited for award of the Presidential Unit Citation during the period the applicant was assigned to this unit. Therefore, there is no basis for awarding him the Presidential Unit Citation.

4. The Board notes that the applicant is entitled to the Purple Heart (First Oak Leaf Cluster), the Vietnam Service Medal with three bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, these awards should be added to his DD Form 214.

5. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by adding the Purple Heart (First Oak Leaf Cluster), the Vietnam Service Medal with three bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the applicant's DD Form 214.

2. That so much of the application as it relates to the Air Medal and the Presidential Unit Citation be denied.

BOARD VOTE:

________ ________ ________ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003085214
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030724
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT IN PART
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	107.0000
2.
3.
4.
5.
6.