IN THE CASE OF:	  

	BOARD DATE:	  17 June 2008

	DOCKET NUMBER:  AR20080002876 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his records to show award of the 11th Air Assault Wings, the 1st Air Mobile Wings, and the 1st Cavalry Division Repelling Wings.

2.  The applicant states that proper records were not kept at the time and that he earned the wings and would be proud and grateful to get them.  

3.  The applicant provides a copy of his Honorable Discharge Certificate, dated 30 September 1969, in support of his application. 

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records show that he was inducted into the Army of the United States on 1 November 1963.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 13A (Field Artillery Basic).  The highest rank/grade that the applicant held was private first class (PFC)/E-3.  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) on 19 October 1965.

3.  The applicant’s records further show that he was assigned to the following units during his military service for the periods indicated:

	a.  from 3 April 1964 to 30 June 1965, Battery C, 5th Battalion, 38th Artillery, Fort Benning, Georgia; 

	b.  from 1 July 1965 to 16 August 1965, Battery C, 1st Battalion, 21st Artillery, 1st Cavalry Division, Fort Benning, Georgia; and

	c.  from 17 August 1965 to 13 October 1965, Battery C, 1st Battalion, 21st Artillery, 1st Cavalry Division, Republic of Vietnam, U.S. Army Pacific Command. 

4.  Item 26 (Decorations, 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 he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1).

5.  Prior to adopting the Air Assault Badge on 1 April 1974, the Army experimented with a similar Badge.  On 7 February 1963, the colors of the 11th Airborne Division were reactivated at Fort Benning, GA, as the 11th Air Assault Division (Test).  The 11th was a small unit, never intended for deployable status, used to test the airmobile concept then under development.  Units of the 2nd Infantry Division, also located at Fort Benning, were “borrowed” for large-scale airmobile tests and maneuvers.  An earlier Air Assault Badge was worn in the early 1960s by troops of 11th who qualified for it by making three helicopter rappels from 60 feet and three from 120 feet.  Soldiers were also required to be knowledgeable of aircraft safety procedures; familiar with aircraft orientation; proficient in hand and arm signals and combat assault operations; able to prepare, inspect and rig equipment for external sling loads; and able to lash down equipment inside helicopters.  The badge was first awarded in early 1964 and was only authorized for wear by soldiers within the 11th.  On 30 June 1965 the colors of the 11th were inactivated and its assets merged with the 2nd 

Infantry Division to become the 1st Cavalry Division (Airmobile).  The colors of the 2nd were sent to Korea, where the existing 1st Cavalry Division was reflagged and the colors of the 1st Cavalry sent to Fort Benning.  Shortly thereafter the 1st Cavalry was sent to Vietnam

6.  Army Regulation 600-8-22 (Military Awards) sets forth the requirements for award of the Air Assault Badge.  The Air Assault Badge was approved by the Chief of Staff, Army, on 18 January 1978, for Army-wide wear by individuals who successfully completed Air Assault training after 1 April 1974.  The Badge had previously been approved as the Airmobile Badge authorized for local wear by the Commander of the 101st Airborne Division, effective 1 April 1974.  The basic eligibility criteria consist of satisfactory completion of an air assault training course according to the Army Training and Doctrine Command (TRADOC) standardized Air Assault Core Program of Instruction, or the standard Air Assault Course while assigned or attached to 101st Airborne Division (Air Assault) since 1 April 1974.  The Badge may be approved by Commanders of divisions and separate brigades or the Commander, 101st Airborne Division (Air Assault).

7.  According to an unofficial Internet article, not associated with the U.S. Army, there is an ongoing effort to request retroactive Air Assault Badges from Vietnam Airmobile and Air Cavalry combat veterans to PERSCOM (now known as Human Resources Command or HRC).  The Internet article tracks the history of the Air Assault Badge as follows:

	a.  In 1961, the first Army airmobile combat action (Operation CHOPPER) occurred.  Approximately 1,000 Vietnamese paratroopers were airlifted in H-21 Shawnee helicopters by the 57th Transportation Company (Light Helicopter) and the 8th Transportation Company (Light Helicopter) into a suspected Viet Cong headquarters where they successfully captured an elusive underground radio transmitter;

	b.  In 1962, Secretary of Defense McNamara, appointed Lieutenant General (LTG) Howze to head the U.S. Army Tactical Mobility Requirements Board, commonly known as the Howze Board which recommended the development of air cavalry brigades and air assault divisions;

	c.  In 1963, Major General (MG) Kinnard was selected to command the newly formed 11th Air Assault Division (Test); 

	d.  In 1964, the 11th Air Assault Division (Test) develops and successfully tests air assault technology;

	e.  In 1964, the original Air Assault Badge was awarded to the 11th Air Assault Division (Test) by General Kinnard which was "designed to duplicate the espirit that the paratrooper and aviator wings achieved."  The original Air Assault Badge was never approved by the Army; 

	f.  In 1965, the 11th Air Assault Division (Test) was merged with the newly reactivated 1st Cavalry Division and shipped to Vietnam.  The Air Assault Badge was worn in the 1st Cavalry Division by former members of the 11th Air Assault Division (Test) and later in the 101st Airborne Division (Airmobile) in Vietnam as the Airmobile Badge;

	g.  In 1974, the 101st Airborne Division develops a new Airmobile Badge for local wear based on one-week training at Fort Campbell, Kentucky;

	h.  In 1978, the Army approves the new Airmobile Badge as the Air Assault Badge for Army-wide wear;

	i.  In 1995, Vietnam combat veterans write to HRC, Awards Branch for retroactive Air Assault awards and are advised that the Army "considered and rejected" the retroactive award of the Air Assault Badge to Vietnam Airmobile and Air Cavalry veterans; 

	k.  In 1997, the 101st Airborne Division refers requests for retroactive Air Assault Badges from Vietnam Airmobile and Air Cavalry combat veterans to HRC as the "proponent to the military awards regulations governing the Air Assault Badge";

	l.  In 1998, HRC Awards Branch conducts an "exhaustive study and research" concerning the retroactive awarding of the Air Assault Badge to Soldiers which does nothing to bring about the retroactive awarding of the Air Assault Badge;

	m.  In 2000, in response to a Congressional inquiry about retroactive Air Assault awards for Vietnam Airmobile and Air Cavalry combat veterans, the HRC Military Awards Branch now indicates that the proponent for the Air Assault Badge is the 101st Airborne Division (Air Assault);

	n.  In 2002, Major General (now General) Petraeus assumes command of the 101st Airborne Division (Air Assault) and agrees to develop an honorary Air Assault certificate for former Screaming Eagles in conjunction with the 101st Airborne Division Association; and 

	o.  In 2003, development of the honorary certificate is halted when the 101st Airborne Division (Air Assault) is called to duty for the War on Terrorism. 

8.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

9.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 51, dated 18 October 1965, awarded the applicant the Good Conduct Medal for exemplary behavior, efficiency, and fidelity during the period 1 November 1963 to 31 October 1965.

10.  Army Regulation 600-8-22 (Military Awards) as amended provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined. 

11.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the 1st Battalion, 21st Artillery, was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, during the period from 9 August 1965 to 19 May 1969, based on Department of the Army General Orders Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his records to show award of the 11th Air Assault Wings, the 1st Air Mobile Wings, and the 1st Cavalry Division Repelling Wings.  However, there is no provision in the Department of Defense (DOD) Manual of Military Decorations and Awards or Army Regulation 600-8-22 for such badges; therefore, they are not authorized to be worn on military uniforms nor shown on military records. 

2.  General Orders awarded the applicant the Good Conduct Medal for exemplary behavior, efficiency, and fidelity during the period 1 November 1963 to 31 October 1965, which is not shown on his records; therefore, he is entitled to correction of his records to show award of the Good Conduct Medal.
3.  The evidence of record shows that the applicant served a qualifying period for award of the National Defense Service Medal; therefore, he is entitled to correction of his records to show this award.  

4.  The evidence of record shows that the applicant served in the Republic of Vietnam from 17 August 1965 to 13 October 1965; therefore, he served a qualifying period for award of the Vietnam Service Medal and is entitled to correction of his records to show this award.

5.  General Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, which is not shown on his records; therefore, he is entitled to have his records corrected to show this unit award.

6.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__xxx___  __xxx___  __xxx___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 for award of the 11th Air Assault Wings, the 1st Air Mobile Wings, and the 1st Cavalry Division Repelling Wings.






2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show the Good Conduct Medal (1st Award); the National Defense Service Medal; the Vietnam Service Medal; and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, in Item 26 of the applicant's DD Form 214, dated 19 October 1965.


								XXX
      _______________________
      	CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080002876



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080002876



7


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1