IN THE CASE OF:	  

		BOARD DATE:	  21 September 2010

		DOCKET NUMBER:  AR20100010448 


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 military records to show award of the Air Assault Badge, Aircraft Crewman Badge, and the Overseas Service Ribbon for service in Honduras and Saudi Arabia.

2.  The applicant states he completed training and graduated from the Air Assault Course.  He also contends that he served overseas in Honduras and Saudi Arabia and performed aviation duties as a door gunner.

3.  The applicant provides, in support of his application, a copy of his certificate of training from The Air Assault School for completion of combat assault, rappelling, rigging and slingloading phases of The Air Assault School, dated 6 August 1990.

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.  On 16 June 1987, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 93P (Aviation Operations Specialist).  He was subsequently assigned to Headquarters and Headquarters Company, 6th Battalion, 101st Aviation Regiment, 101st Airborne Division (Air Assault).

3.  The training certificate provided by the applicant, indicates that he had completed the combat assault, rappelling, rigging and slingloading phases of The Air Assault School, dated 6 August 1990 and thereby had earned certification and the distinctive right and honor to wear the Air Assault Badge as a symbol of such achievement.

4.  The applicant served in Southwest Asia in support of Operation Desert Shield/Desert Storm during the period 15 September 1990 to 6 April 1991 
(6 months and 22 days).

5.  Permanent Orders 171-045, 101st Airborne Division, dated 20 June 1991, awarded the applicant the Air Medal for meritorious achievement on 24 February 1991.  The accompanying citation states that his exceptionally meritorious achievement was while engaged in combat operations against an enemy of the United States during Operation Desert Storm as a door gunner.

6.  On 5 July 1991, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He had attained the rank of private first class, pay grade E-3, and had completed 4 years and 20 days of creditable active duty service.

7.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214, as subsequently corrected by DD Form 215 (correction to DD Form 215) lists his awards as the Good Conduct Medal, Army Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar, Driver and Mechanic Badge, Sharpshooter Marksmanship Qualification Badge with Grenade Bar, Army Lapel Button, National Defense Service Medal, Amy Achievement Medal, Southwest Asia Service Medal with two bronze service stars, Air Medal, Kuwait Liberation Medal (Saudia Arabia), and the Kuwait Liberation Medal (Kuwait).

8.  Army Regulation 600-8-22 (Military Awards) states award of the:

	a.   Air Assault Badge requires satisfactory completion of an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction, or completion of the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974;

	b.  Aircraft Crew Member Badge (now known as the Aviation Badge) may be permanently awarded based on several criteria.  For permanent award of the Basic Aviation Badge, an individual must be on flying status in accordance with Army Regulation 600-106 or be granted a waiver by the U.S. Army Human Resources Command; be on flying status (qualified by a Class III flight physical); must have performed in-flight duties for not less than 12 months (not necessarily consecutive) or by logging not less than 48 flight hours (whichever comes first); or be school trained; and

	c.  Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  

9.  According to the Awards Branch at U.S. Army Human Resources Command, the Overseas Service Ribbon is authorized for service in isolated areas where tour lengths have not been established by the Department of Defense.  Soldiers who serve 11 cumulative months in a 24-month period or 9 months continuous are credited for a completed short tour.  (Rules 6 and 8 of Table 3-2 Army Regulation 614-30, Overseas Service, apply).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show award of the Air Assault Badge, Aircraft Crewman Badge, and the Overseas Service Ribbon for service in Honduras and Saudi Arabia.

2.  The available evidence clearly shows that the applicant completed the prescribed course of instruction and thereby is authorized the Air Assault Badge.

3.  The available records show that the applicant served in Saudi Arabia for approximately 6 months.  Furthermore, there are no available records showing that the applicant served in Honduras.  Therefore, the available evidence does not support the applicant's contention that he should be awarded the Overseas Service Ribbon.

4.  The available evidence fails to show that the applicant met the qualifications for award of the Aviation Badge.  Therefore, his request for this badge should be denied.

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 showing, in addition to the awards already shown on his DD Form 214, that he was awarded the Air Assault Badge.

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 award of the Aviation Badge and Overseas Service Ribbon.




      _______ _ 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)                                         AR20100010448





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100010448



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1