APPLICANT REQUESTS:  In effect, correction of his military records to show that he was awarded the Combat Infantryman Badge and the Air Assault Badge.  He states that these awards should be given for the time that he was in Vietnam during many combat operations.

PURPOSE:  To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.

EVIDENCE OF RECORD:  The applicant's military records show:

On 12 April 1966, he enlisted in the Regular Army, in pay grade E-1, for 3 years.  He completed his required training and was awarded military occupational specialty 11C1P (Infantry Indirect Fire Crewman).

Further details concerning the applicant’s service and awards are contained in the opinion (COPY ATTACHED) from the U.S. Army Reserve Personnel Center (ARPERCEN), which is incorporated herein and need not be reiterated.  The ARPERCEN issued Permanent Orders 
067-01 on 7 March 1996 announcing the award of the Combat Infantryman Badge to the applicant on 20 September 1967.  The ARPERCEN recommended that a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) be issued showing the applicant’s entitlement to the Combat Infantryman Badge and several other awards.  However, the ARPERCEN recommended denial of the applicant’s request for the Air Assault Badge.

On 14 May 1996, a DD Form 215 was issued correcting the applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 7 October 1970 by deleting the Vietnam Service Medal and adding the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Combat Infantryman Badge, the Expert Qualification Badge with Rifle Bar, and the Presidential Unit Citation.

There is no evidence that the applicant made any effort to have the alleged error or injustice corrected prior to this application regarding the Air Assault Badge.

Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.

In the processing of this case, a staff advisory opinion was obtained from the ARPERCEN.  It contains no information, advice, or recommendation which would constitute a basis for granting the relief requested or for excusing the applicant's failure to timely file regarding the Air Assault Badge.

DISCUSSION:  The alleged error or injustice was, or with reasonable diligence should have been discovered on 7 October 1970, the date the applicant was released from active duty.  The time for the applicant to file a request for correction of any error or injustice expired on 7 October 1973.

The application is dated 20 June 1994, and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted regarding the Air Assault Badge.



DETERMINATION:  The subject application was not submitted within the time required.  The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law regarding the Air Assault Badge.

BOARD VOTE:

                      EXCUSE FAILURE TO TIMELY FILE

                      GRANT FORMAL HEARING

                      CONCUR WITH DETERMINATION




		Karl F. Schneider
		Acting Director