RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  4 October 2007
	DOCKET NUMBER:  AR20070007270 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst


The following members, a quorum, were present:


Ms. Susan A. Powers

Chairperson

Mr. Edward E. Montgomery

Member

Mr. Qawiy A. Sabree

Member

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reconsideration of his previous request for award of the Air Medal. 

2.  The applicant states that he believes the decision by the Army Board for Correction of Military Record (ABCMR) to deny his earlier request for the Air Medal was unjust.  He further states that he is now adding six new witness statements and/or letters of support from members of B Company,1st Battalion, 7th Cavalry, who can attest to his participation in the platoon's execution of air assault missions in the Republic of Vietnam.  Additionally, the applicant states that the ABCMR had granted similar requests for two members of the same platoon and for the same missions.  The applicant concludes that his performance in those combat missions as well as the letters of support for his previous commanders and members of his chain of command at the time should be sufficient for the ABCMR to award him the Air Medal.

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  A self-authored letter, dated 5 May 2007, in which he elaborates on his request for reconsideration for award of the Air Medal.

	b.  Six letters of support from his former company commanders, platoon leader, first sergeant, and platoon members of B Company 1st Battalion, 7th Cavalry, all recommending that his request for the Air Medal be favorably considered.

	c.  Copy of Docket Number AR20050009815, dated 6 April 2006, pertaining to another member of B Company, 1st Battalion, 7th Cavalry, where the ABCMR granted a similar request.

	d.  Copy of Docket Number AR20040008227, dated 13 June 2005, pertaining to another member of B Company, 1st Battalion, 7th Cavalry, where the ABCMR granted a similar request.

	e.  Copy of Docket Number AR20060006765, dated 12 February 2007, where the ABCMR denied the applicant's request for the Air Medal.

	f.  Copy of Docket Number AR2003085214, dated 24 July 2003, where the ABCMR granted the applicant a partial relief but denied his request for the Air Medal.
CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR2003085214 on 24 July 2003 and Docket Number AR20060006765, on 12 February 2007.

2.  The applicant submitted six statements of support from his company commanders, first sergeant, platoon leader, and platoon members, four of which were not previously reviewed by the ABCMR; therefore, they are considered new evidence and as such warrant consideration by the Board.

3.  The applicant's records show that he enlisted in the Regular Army on 15 March 1965, for a period of 3 years.  He successfully completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

4.  The applicant's records further show that he served in the Republic of Vietnam during the period 29 November 1965 through 28 November 1966.  He was assigned to B Company, 1st Battalion, 7th Cavalry, 1st Cavalry Division.

5.  On 22 September 1967, the applicant was honorably released from active duty under the provisions of Army Regulation 635-200, chapter 6, due to hardship and was transferred to the United States Army Reserve Control Group. He had completed 2 years, 4 months, and 2 days of net active service.

6.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows that the applicant was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Purple Heart, the Combat Infantryman Badge, and the Overseas Service Bar.  Item 24 does not show award of the Air Medal.

7.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show award of the Air Medal.





8.  On 10 January 2003, the applicant applied to this Board requesting to be awarded the Air Medal and the Presidential Unit Citation.  On 24 July 2003, his records and his DD Form 214 were corrected to include 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.  However, his requests for award of the Air Medal and the Presidential Unit Citation were denied.

9.  On 9 May 2006, the applicant applied to this Board requesting reconsideration for award of the Air Medal.  He submitted statements of support from members of his platoon at the time attesting to his role in air assault missions in the Republic of Vietnam.  However, his request was denied.

10.  In affidavits of support, two retired officers (a Lieutenant Colonel and a Colonel) who were commanders of Company B, 1st Battalion, 7th Cavalry during the applicant's tenure both attest that the applicant more than met the requirement for 25 Category I missions for award of the Air Medal.  One commander states that he received 3 Air Medals during his tenure with the 1st Battalion, 7th Cavalry.

11.  In a third affidavit of support, a member of the applicant's platoon at the time attests to the fact that the platoon went on the same major operations which involved numerous air assault missions.  He further adds that had the records been maintained properly, each member of the platoon would have met the requirements for at least 3 Air Medals during a one year tour.

12.  In the fourth statement of support, the applicant's platoon leader at the time states that the platoon made numerous assaults into what was considered hot landing zones.  He adds that the records were not kept properly at the time but he is sure the platoon made far more than 25 assault missions.

13.  United States Army Vietnam 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 operation.  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 order are required.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Air Medal.

2.  In 1966, the 1st Battalion, 7th Cavalry, as a part of the 1st Cavalry Division, was heavily engaged in multiple combat operations which involved the insertion of Infantry Soldier by helicopter.  Operations Masher, White Wing, Thang Phong II, Crazy Horse, Paul Revere II, Thayer I, and Irving all took place during the applicant's tenure with the 1st Cavalry Division.  

3.  The affidavits of support submitted in support of the previous request coupled with those submitted in support of this request strongly suggest a close bond among several individuals who were actually in the thick of battle and whose faces were marred by sweat and blood.  Only those who shared the experience of life and death, together, everyday, are able to keep such bond and remember details of their battles 40 years later. 

4.  The applicant's former company commanders and several of his comrades-in-arms have written to attest to his entitlement to the Air Medal.  Although there are no orders authorizing the applicant award of the Air Medal, the evidence of record strongly suggests that he participated in the requisite number of Category I assault missions and that he should receive the same recognition already afforded to many of his fellow 7th Cavalry comrades in arms.

BOARD VOTE:

__sap___  __eem___  __qas___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION






BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR20060006765, dated 12 February 2007.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the applicant the Air Medal.




							Susan A. Powers
______________________
          CHAIRPERSON


INDEX

CASE ID
AR20070007270
SUFFIX

RECON

DATE BOARDED
20071004
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.