IN THE CASE OF:
BOARD DATE: 06 NOVEMBER 2008
DOCKET NUMBER: AR20080013082
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 that his records be corrected to show the award of the Air Assault Badge.
2. The applicant states he discovered on 2 June 2008 that the Air Assault Badge may be awarded retroactively to veterans of the Vietnam War who regularly engaged in air assault missions. He states that his unit, the 2nd Battalion (Reconnaissance), 28th Infantry Regiment, 1st Infantry Division, engaged regularly in air assault missions.
3. The applicant provides a copy of his separation document (DD Form 214), an extract from the internet, and a DA Form 20 (Enlisted Qualification Record).
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 applicants 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 applicants 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 military personnel record shows he enlisted in the Regular Army on 18 June 1968. He completed the necessary training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. He served as a rifleman and scout observer with Company C and E,
2nd Battalion, 28th Infantry, 1st Infantry Division in the Republic of Vietnam during the period 29 March to 2 September 1969.
4. The applicant was honorably released from active duty due to hardship and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) St. Louis, Missouri on 20 February 1970.
5. The applicant's DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), does not show the award of the Air Assault Badge.
6. The DA Form 20, Item 27 (Military Education), does not show the applicant completed air assault training.
7. 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.
8. The extract from the internet that the applicant submitted shows the unofficial criteria for award of the Air Assault Badge, in that it does not coincide with Army Regulation 600-8-22, paragraph 8-26, which does not state the award of the Air Assault Badge may be retroactively awarded upon application to the U.S. Army Human Resources Command.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his records should be corrected to show the award of the Air Assault Badge because he discovered the Air Assault Badge can be awarded retroactively to veterans of the Vietnam War who regularly engaged in air assault missions.
2. Although the applicant served as a rifleman and as a scout observer in the Republic of Vietnam during the period 29 March 1969 to 2 September
1969, there is no evidence that he satisfactorily completed an Air Assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction prior to 1 April 1974. In addition, the evidence that the applicant submitted (extract from the internet and a DA
Form 20) does not substantiate that he participated in any air assault missions. Therefore, he has not met the criteria for the award of the Air Assault Badge.
3. As such, he is not entitled to correction of his records to show the award of the Air Assault Badge.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
_______ _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) AR20080013082
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ABCMR Record of Proceedings (cont) AR20080013082
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