RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          21 July 2005
      DOCKET NUMBER:  AR20040009573


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Mr. Robert Osborn                 |     |Member               |
|     |Ms. Brenda Koch                   |     |Member               |

      The Board considered the following evidence:

      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 a retroactive award of the Air Assault Badge.

2.  The applicant states he participated in many combat assaults in Vietnam
in the 101st Airborne Division and that he received the Combat Infantryman
Badge and the Air Medal.  He contends that he went to the Screaming Eagle
Replacement Training School in Bien Hoa in June of 1969 and that he
rappelled and performed combat assaults during this course.

3.  The applicant provides a copy of his DD Form 214 (Report of Separation
from Active Duty); a citation for the Air Medal; a certificate of training
for the 101st Screaming Eagle Combat Leaders Course Class; a DD Form 215
(Correction to DD Form 214), dated 3 October 1974; a DD Form 215, dated 21
August 2002; two photographs depicting a Soldier rappelling down a
building; and a document pertaining to the Air Assault Badge.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
6 February 1974.  The application submitted in this case is dated 24
October 2004.

2.  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.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted on 21 January 1969 for a period of 3 years.  He
served as a light weapons infantryman assigned to Company B, 2nd Battalion,
501st Infantry of the 101st Airborne Division (Airmobile) in Vietnam from
15 June 1969 through 24 April 1970.  On 6 February 1974, the applicant was
discharged with a general discharge.

4.  The applicant's DD Form 214 shows the National Defense Service Medal,
the Air Medal, the Army Commendation Medal, the Combat Infantryman Badge,
the Purple Heart, the Expert Marksmanship Qualification Badge with Rifle
Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar
as authorized awards.

5.  There are no orders for the Air Assault Badge in the applicant's
service personnel records.  There is also no evidence in his records which
shows that he completed an Air Assault course.

6.  In support of his claim, the applicant provided a certificate of
training for the 101st Screaming Eagle Combat Leaders Course that he
completed in 1969.

7.  The applicant also provided a document titled, "Air Assault Badge" from
the Wikipedia free encyclopedia.  This document indicates that the Air
Assault Badge may be retroactively awarded upon application to the U.S.
Army Human Resources Command.

8.  On 19 July 2005, the U.S. Army Human Resources Command confirmed that
there is no retroactive date for the Air Assault Badge.

9.  A DD Form 215, dated 3 October 1974, amended the applicant's DD Form
214 to show the Vietnam Service Medal with two bronze service stars, the
Vietnam Campaign Medal, the Bronze Star Medal with "V" Device with First
Oak Leaf Cluster, and the Marksman Marksmanship Qualification Badge with
Machinegun Bar as authorized awards.

10.  A DD Form 215, dated 21 August 2002, amended the applicant's DD Form
214 to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation
Badge and the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation Badge as authorized awards.

11.  Army Regulation 600-8-22 (Military Awards), in pertinent part, sets
forth requirements for award of the Air Assault Badge.  Award of the Air
Assault Badge requires that an individual must have satisfactorily
completed an Air Assault training course according to the U.S. Army
Training and Doctrine Command standardized Air Assault Core Program of
Instruction, or completed the standard Air Assault Course while assigned or
attached to the 101st Airborne Division (Air Assault) after 1 April 1974.
There is no retroactive date for this badge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was separated from active duty before 1 April 1974.
There is no retroactive date for the Air Assault Badge.  Therefore, there
is no basis for granting the applicant's request.

2.  Records show the applicant should have discovered the alleged error now
under consideration on 6 February 1974; therefore, the time for the
applicant to file a request for correction of any error expired on 5
February 1977.  The applicant did not file within the 3-year statute of
limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

JI_____  RO_____  BK______  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




            __John Infante________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040009573                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050721                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0122                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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