IN THE CASE OF:	  

		BOARD DATE:	       13 AUGUST 2009

		DOCKET NUMBER:  AR20090003020 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be changed to show his rank/pay grade as sergeant/E-5, the Air Assault Badge, and medals from Korea.

2.  The applicant states, in effect, that he was awarded the Air Assault Badge while serving with the 1st Air Cavalry Division in Vietnam.  He also states that his DD Form 214 was not updated to show his Air Medal, his medals from Korea, and his U.S. Army Reserve (USAR) service.

3.  The applicant provides copies of his DD Form 214, a 16 August 1972 letter of commendation from his USAR unit, 30 June 1972 USAR promotion orders to sergeant, and a Standard Form 180 (Request Pertaining to Military Records).

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 enlisted and entered active duty on 29 August 1967.  He completed training as an infantryman and on 17 February 1968 was assigned to Company A, 1st Battalion, 7th Cavalry, 1st Cavalry Division (Airmobile), in Vietnam.  He was transferred to the U.S. Army Depot, Qui Nhon, Vietnam, on 12 November 1968.

3.  He returned to the U.S. in February 1969 and was advanced to pay grade E-4 on 13 August 1969.  He was then assigned to Company C, 1st Battalion, 9th Infantry, 2nd Infantry Division, in Korea from 29 December 1969 to 21 August 1970.

4.  On 21 August 1970, the applicant was separated from active duty at the end of his term of service and transferred to the USAR Control Group (Reinforcement) in pay grade E-4.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists his awards as the National Defense Service Medal, Combat Infantryman Badge, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Armed Forces Expeditionary Medal (Korea), two overseas service bars, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in item 33 (Appointments and Reductions) that the highest rank/grade he held on active duty was specialist four/E-4.

7.  Item 41 (Awards and Decorations) of the DA Form 20 shows he was authorized the Combat Infantryman Badge, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Armed Forces Expeditionary Medal (Korea), Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and Machinegun Bar.

8.  After his release from active duty the applicant affiliated with a USAR unit and was promoted to sergeant/E-5.

9.  A 1984 DD Form 215 (Correction to DD Form 214) deleted the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and added the Army Good Conduct Medal, Expert Marksmanship Qualification Badge with Rifle Bar, and Sharpshooter Marksmanship Qualification Badge with Automatic Rifle and Machinegun Bars.

10.  Review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U. S. Army Human Resources Command, failed to reveal any award orders for the applicant.
 
11.  According to the U.S. Army Institute of Heraldry, "The Air Assault Badge was approved by the Chief of Staff of the 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."  In 1963 the commanding general of the 11th Air Assault Division (Test) designed the original Air Assault Badge, but it was never approved by the Army.  In 1965 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.

12.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal.  It established that passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations.  It defined terms and provided guidelines for the award based upon the number and types of missions or hours.  Twenty five category I missions (air assault and equally dangerous missions) was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal.  However, the regulation was clear that these guidelines were considered only a departure point.  Nothing created an entitlement to the award.

13.  Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.

	a.  The area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area.

	b.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	c.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days or meet the following criteria:

		(1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility;

		(2) wounded or injured in the line of duty and required medical evacuation from the area of eligibility; or

		(3)  participating as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations.  Each day that one or more sorties are flown in accordance with these criteria will count as 1 day toward the 30 or 60-day requirement and personnel who serve in operations and exercises conducted in the area of eligibility are considered eligible for the award as long as the basic time criteria is met.  Due to the extensive time period for KDSM eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period.

	d.  Service members qualified for the Armed Forces Expeditionary Medal by reasons of service between 1 October 1966 and 30 June 1974 in an area for which the KDSM was subsequently authorized are eligible for both the Armed Forces Expeditionary Medal and the KDSM.  Award of the KDSM for this time period is a one-time exception to policy to comply with section 543 of the National Defense Authorization Act of Fiscal Year 2003, Public Law 107-314.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states, in effect, that he was awarded the Air Assault Badge while serving with the 1st Air Cavalry Division in Vietnam, that his medals from Korea are not shown on his DD Form 214, and that his DD Form 214 was not updated to show his USAR service.  He also states that his Air Medal was not shown on his DD Form 214.

2.  It is not clear whether the applicant believes that he should have the Air Assault Badge or the Air Medal or both.

3.  The Air Assault Badge did not come into existence until January 1984 when it was authorized retroactively for those who qualified on or after April 1974.  The Airmobile Badge was a local-wear only insignia.

4.  As an infantryman in the 7th Cavalry Regiment, 1st Cavalry Division (Airmobile), applicant may well have met the U.S. Army Vietnam minimum requirement of 25 air assault missions to qualify for award of the Air Medal.  However, there is no available evidence that he was recommended for or awarded that decoration.

5.  The applicant is eligible for and should be awarded the KDSM and it should be added to item 24 of his 21 August 1970 DD Form 214.  The only other award apparently applicable to the applicant's tour in Korea is the Armed Forces Expeditionary Medal; however, that is already on his DD Form 214.

6.  The applicant was not promoted to sergeant/E-5 during the period of active duty covered by his DD Form 214.  He was promoted to sergeant/E-5 while serving in a USAR unit.  The DD Form 214 is intended to reflect the details of a particular period of active duty service; it is not an ongoing record.

7.  In view of the foregoing findings and conclusions, it would be appropriate to rectify this injustice by correcting the applicant’s records as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the KDSM to item 24 of his 21 August 1970 DD Form 214.


2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to showing the Air Assault Badge and the Air Medal as authorized awards or showing his rank/pay grade as sergeant/E-5. 



      ___________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)                                         AR20090003020



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ABCMR Record of Proceedings (cont)                                         AR20090003020



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