PROCEEDINGS

	IN THE CASE OF:.

	BOARD DATE:               28 October 1998
	DOCKET NUMBER:       AC98-10315

	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. Loren G. Harrell		Director	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Curtis W. Barbee, Jr.		Member	
	Mr. Raymond V. O’Connor, Jr.		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.

2.  The applicant requests correction of his records to show four awards of the Valorous Unit Award, the Vietnam Cross of Gallantry with Palm Unit Citation and the Vietnam Civil Actions Honor Medal First Class Unit Citation.

3.  The applicant states, in effect, that he would these awards added to his DD Form 214 (Report of Transfer or Discharge).

4.  The applicant’s military records show that he was inducted on 2 November 1967.  He completed training as infantryman and served in Vietnam from April 1968 to April 1969.  The applicant was honorably discharged on 31 October 1969.

5.  The applicant’s DD Form 214 does not show the Valorous Unit Award, the Vietnam Cross of Gallantry with Palm Unit Citation and the Vietnam Civil Actions Honor Medal First Class Unit Citation as authorized awards.

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), dated 28 October 1986, lists the unit awards for units which served in the Vietnam conflict.  The document shows awards of the Valorous Unit Award to the 2d Battalion (Mechanized), 2d Infantry as follows:  one award to the entire battalion for action on 5 December 1965; a second award to the entire battalion for action 23 to 25 May 1969; one award to only  Headquarters and Headquarters Company and Company A for action on 12 November 1965; and one award only to Company C for action 28 to 29 November 1968.

7.  The applicant was awarded the Vietnam Cross of Gallantry with Palm Unit Citation by Department of the Army General Order Number 2, dated 1972.

8.  The applicant was awarded the Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Order Number 53, dated 1970.

9.  Army Regulation 670-1, in pertinent part, states that the Valorous Unit Award is authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited.

CONCLUSIONS:

1.  Evidence of record shows the applicant was assigned to company C of the 2d Battalion (Mechanized), 2d Infantry when it was cited for award of the Valorous Unit Award for action 28 to 29 November 1968.  The applicant was not assigned to the battalion or the cited companies during the periods for which they were awarded the other three Valorous Unit Awards.  Therefore, he is entitled to correction of his records to show one award of the Valorous Unit Award.

2.  The applicant was awarded the Vietnam Cross of Gallantry with Palm Unit Citation and the Vietnam Civil Actions Honor Medal First Class Unit Citation; therefore, he is entitled to correction of his records to show these awards.

3.  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 showing the individual concerned was awarded the Valorous Unit Award, the Vietnam Cross of Gallantry with Palm Unit Citation and the Vietnam Civil Actions Honor Medal First Class Unit Citation.

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

BOARD VOTE:  

_ JHL____  CWB____  RVO ___  GRANT AS STATED IN RECOMMENDATION

__________  _______  _______  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON