IN THE CASE OF:	  

		BOARD DATE:	  13 January 2011

		DOCKET NUMBER:  AR20100019439 


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 with the 1st Cavalry Division in the Republic of Vietnam (RVN) and he made many combat air assaults during this tour.  He claims this unit pioneered the airmobile/air assault concept and he earned the right to be awarded the Air Assault Badge and to have it reflected on his
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides a copy of page 3 (item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record).

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 record shows the applicant enlisted in the Regular Army on 9 November 1965.  He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  It also shows the highest rank/grade he attained while serving on active duty was specialist four (SP4)/E-4 on 5 April 1968.

3.  The applicant’s DA Form 20 shows he served two tours in the RVN.  His first RVN tour was from 14 February 1966 through 29 May 1967 and his second tour was from 14 February 1968 through 14 June 1968.  Item 38 of his DA Form 20 shows that during his first RVN tour, he was assigned to Company B, 1st Battalion, 8th Cavalry Regiment, 1st Cavalry Division, performing duties as a rifleman.  It further shows that during his second RVN tour, he was assigned to Company B, 1st Battalion, 505th Infantry Regiment, 82nd Airborne Division, performing duties as a rifleman.

4.  Item 24 (Decorations, Medals, Badges, Citations, Commendations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows that during his active duty tenure, the applicant earned the following awards:

* National Defense Service Medal
* Bronze Star Medal
* Purple Heart 
* Vietnam Service Medal with 1st oak leaf cluster [sic]
* RVN Campaign Medal 
* Combat Infantryman Badge
* Parachutist Badge

5.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 does not list the Air Assault Badge.  Item 48 (Date of Audit) shows the applicant last audited his DA Form 20 on 9 October 1969.  His 201 file (Military Personnel Records Jacket) is void of any documents indicating he was ever recommended for or awarded the Air Assault Badge during his active duty tenure.  

6.  On 11 November 1968, the applicant was honorably released from active duty (REFRAD), in the rank/grade of SP4/E-4, after completing 3 years of total active service.  Item 24 of his DD Form 214 he was issued at the time does not include the Air Assault Badge.

7.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  Paragraph 8-26 contains guidance on award of the Air Assault Badge.  It states the basic eligibility criteria for the award is successful completion of an air assault training course according to Training and Doctrine Command (TRADOC) standardized air assault core program of instruction or successful completion of the air assault course while assigned or attached to the 101st Airborne Division (Air Assault) since 1 April 1974.  

8.  The historical background of the Air Assault Badge shows it was approved by the Chief of Staff, 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, 101st Airborne Division, effective 1 April 1974.  The division had been reorganized from parachute to airmobile in mid-1968 in the RVN and designated the 101st Airborne Division (Airmobile).  The parenthetical designation changed to Air Assault on 4 October 1974, and the name of the badge was likewise changed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention he should be awarded the Air Assault Badge based on his service with the 1st Cavalry Division in the RVN has been carefully considered.  However, there is insufficient evidence to support this claim.

2.  The Air Assault Badge was not approved for Army-wide wear until 1 April 1974, and by regulation in order to qualify for the badge a member must satisfactorily complete TRADOC approved air assault training or while assigned or attached to the 101st Airborne Division, since 1 April 1974.

3.  The evidence of record confirms the applicant’s service with the 1st Cavalry Division in the RVN ended in May 1967, and his service in the RVN with the 
82nd Airborne Division ended in June 1968, prior to 1 April 1974, the date the badge was approved for Army-wide wear.  Further, there is no evidence indicating the badge was approved for local wear by the Commander of the 1st Cavalry Division, as it had been by the Commander of the 101st Airborne Division.  As a result, the regulatory criteria necessary to support award of the Air Assault Badge has not been satisfied in this case and it would not be appropriate and/or serve the interest of all those who served in the RVN and who faced similar circumstances to grant the requested relief.

4.  The applicant and all others concerned should know this action related to award of the Air Assault Badge in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.


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)                                         AR20100019439



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ABCMR Record of Proceedings (cont)                                         AR20100019439



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