IN THE CASE OF:	

		BOARD DATE:	6 October 2009  

		DOCKET NUMBER:  AR20090008156 


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 DD Form 214 (Report of Transfer or Discharge) to show his entitlement to the Combat Infantryman Badge, Air Assault Badge, and the Air Medal.    

2.  The applicant states that his unit clerk did not put all of his awards on his DD Form 214.  He contends that he was assigned to the 1st Cavalry Division (Airmobile) as an infantry scout, that he was also on-the-job training on airmobile operations, and that he was given the Air Assault Badge with a Combat Infantryman Badge prior to leaving Vietnam.  

3.  The applicant provides a copy of his DD Form 214; a DD Form 215 (Correction to DD Form 214); a DA Form 24 (Service Record); and a DA Form 20 (Enlisted Qualification Record) 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 requested that the Combat Infantryman Badge be added to his DD Form 214.  This issue was previously considered by the ABCMR on
13 September 2007 per Docket Number AR20070005620 and denied.  Army Regulation 15-185 sets forth procedures for processing requests for correction of military records.  Paragraph 2-15b governs requests for reconsideration.  This provision of the regulation allows an applicant to request reconsideration of an earlier ABCMR decision if the request is received within one year of the ABCMR's original decision and it has not previously been reconsidered.  The staff of the ABCMR reviewed the applicant's request and determined that his request pertaining to the Combat Infantryman Badge was not received within one year of the ABCMR's original decision.  Additionally, the applicant did not provide any new evidence that would warrant reconsideration of his request to add the Combat Infantryman Badge to his DD Form 214.  As a result, the applicant's request pertaining to this issue does not meet the criteria for reconsideration.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant was inducted into the Army of the United States on 
12 December 1963.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 111.10 (light weapons infantryman).  He served in Vietnam from 17 August 1965 to 
4 December 1965.  On 11 December 1965, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

3.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the Vietnam Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) as authorized awards.

4.  Section 9 (Medals, Decorations, and Citations) on the applicant's DA Form 
24 does not show entitlement to the Air Assault Badge or the Air Medal. 

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

6.  There are no orders for the Air Medal in the available records. 

7.  A DD Form 215, dated 15 May 2008, amended the applicant's DD Form 214 by removing the Vietnam Service Medal and adding the Army Good Conduct Medal, National Defense Service Medal, Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Vietnam Service Medal with one bronze service star. 

8.  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.   

9.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, 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) and accrual of a minimum of 25 hours of flight time while engaged in Category I 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.  

10.  Combat missions were divided into three categories.  A category I mission was defined as a mission performed in an assault role in which a hostile force was engaged and was characterized by delivery of ordnance against the hostile force, or delivery of friendly troops or supplies into the immediate combat operations area.  A category II mission was characterized by support rendered a friendly force immediately before, during or immediately following a combat operation.  A category III mission was characterized by support of friendly forces not connected with an immediate combat operation but which must have been accomplished at altitudes which made the aircraft at times vulnerable to small arms fire, or under hazardous weather or terrain conditions.

11.  To be recommended for award of the Air Medal, an individual must have completed a minimum of 25 category I missions, 50 category II missions or     100 category III missions.  Since various types of missions would have been completed in accumulating flight time toward award of an Air Medal for sustained operations, different computations would have had to be made to combine category I, II and III flight time and adjust it to a common denominator.
DISCUSSION AND CONCLUSIONS:

1.  The applicant was released 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 to add the Air Assault Badge on his DD Form 214.

2.  There are no orders for the Air Medal in the available records.  Therefore, there is insufficient evidence on which to add the Air Medal on the applicant's DD Form 214.

3.  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.

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)                                         AR20090008156



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ABCMR Record of Proceedings (cont)                                         AR20090008156



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