IN THE CASE OF:
BOARD DATE: 23 July 2009
DOCKET NUMBER: AR20090004091
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 he be awarded the Air Assault Badge.
2. The applicant states, in effect, that the Air Assault Badge should be awarded to him retroactively from April 1974. He states that he served with B Company, 101st Aviation Battalion, 101st Airborne Division.
3. The applicant provides copies of his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 3 June 1965, 3 June 1969, 12 March 1975, and 30 June 1983; and a copy of an article from the Army Times.
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. On 3 June 1963, the applicant enlisted in the Regular Army in Raleigh, North Carolina, for 3 years, in the pay grade of E-1. He successfully completed his training as a light vehicle mechanic. He remained on active duty through a series of reenlistments.
3. While the applicants records do show that, on 21 August 1972, he was assigned to Company B, 101st Aviation Battalion, 101st Airborne Division, his records do not show 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, or that he completed the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974.
4. After completing 20 years and 28 days of net active service, the applicant was honorably retired, on 30 June 1983, under the provisions of Army Regulation
635-200, chapter 12, upon completing sufficient service for retirement.
5. The applicants various DD Forms 214 show that his awards include the Marksman Marksmanship Qualification Badge (Rifle M-14), the Marksman Marksmanship Qualification Badge (Rifle M-16), the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal w/Device 1960, the Air Medal with V Device and 2nd Oak Leaf Cluster, 6 Overseas Service Bars, the Bronze Star Medal, the Good Conduct Medal (6th Award), the Republic of Vietnam Gallantry Cross with silver star, the Army Service Ribbon, the Army Commendation Medal, and the United States Army Gold Recruiter Badge.
6. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he should be awarded the Air Assault Badge.
2. The applicants contentions were considered; however, the available evidence does not show he meets the criteria contained in the applicable regulation for award of the Air Assault Badge.
3. While the applicants records do show that he was assigned to Company B, 101st Aviation Battalion, 101st Airborne Division, his records do not show 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, or that he completed the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974.
4. The applicant has not established that he met the criteria contained in the applicable regulation to be awarded the Air Assault Badge. Therefore, it would not be appropriate to award him the Air Assault Badge.
5. In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
6. In view of the foregoing, there is no basis for granting the applicant's request.
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.
___________X___________
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) AR20090004091
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