IN THE CASE OF:
BOARD DATE: 9 March 2010
DOCKET NUMBER: AR20090016423
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 award of the Air Assault Badge.
2. The applicant states he served in the Republic of Vietnam with the 129th Assault Helicopter Company in 1970. He was awarded the Air Medal with 15 oak leaf clusters for his duties as a crew chief of a UH-1 (Bell Helicopter). He served in the Central Highlands and was involved in many combat assaults. He understands the Air Assault Badge may be retroactively awarded upon application.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 military record shows he enlisted in the Regular Army in pay grade E-1 on 8 July 1969 for 3 years. He completed training and was awarded military occupational specialty 67N (UH-1 Helicopter Mechanic). He served in Vietnam from 19 January 1970 to 10 December 1970 and in Germany 19 January 1971 to 8 February 1972.
3. The applicant's military records do not show he completed any air assault training.
4. The applicant was honorably released from active duty in pay grade E-5 on 23 February 1972 and transferred to the U.S. Army Reserve Control Group (Reinforcement).
5. The applicant's DD Form 214, item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), lists the following awards: the National Defense Service Medal, the Army Good Conduct Medal, the Vietnam Service Medal, the Army Commendation Medal, two overseas service bars, the Republic of Vietnam Campaign Medal, the Air Medal with 15 oak leaf clusters, the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the Expert Marksmanship Qualification Badge with Rifle Bar
(M-14).
6. Item 25 (Education and Training Completed) of the applicant's DD Form 214 does not list the air assault training course.
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.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence of record and the applicant has provided none to show that he attended and successfully completed the air assault training course and met the criteria for award of the Air Assault Badge. Therefore, he is not entitled to this award and its addition to his DD Form 214.
2. 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.
3. 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) AR20090016423
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ABCMR Record of Proceedings (cont) AR20090016423
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