IN THE CASE OF:	  

		BOARD DATE:	  11 December 2012

		DOCKET NUMBER:  AR20120009089 


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, in effect, award of the Air Assault Badge and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Air Medal and the Air Assault Badge.

2.  The applicant states his record reflects his award of the Air Medal.

3.  The applicant provides:

* General Orders Number 429, issued by Headquarters, 1st Cavalry Division, dated 18 January 1968
* Air Medal Citation for the period June to November 1967
* Air Medal Certificate, dated 18 January 1968

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 was inducted into the Army of the United States on 10 January 1967.  He completed training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  Upon completion of training he departed Fort Polk, LA en route to the Republic of Vietnam (RVN).  He arrived in the RVN on 15 June 1967 and on
18 June 1967, he was assigned to Company A, 1st Battalion, 12th Cavalry,
1st Cavalry Division (Airmobile).  He remained with this unit until 10 June 1968, at which time he was reassigned to 2nd Battalion, 41st Infantry, 2nd Armored Division, Fort Hood, TX.

4.  General Orders Number 429, dated 18 January 1968, awarded him the Air Medal for meritorious achievement while participating in aerial flight in the RVN from June 1967 to November 1967.

5.  On 18 December 1968, he was honorably released from active duty at the expiration of his term of service.  He completed 1 year, 11 months, and 9 days of total active service.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded or is authorized the:

* Vietnam Service Medal with 3 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* National Defense Service Medal
* Combat Infantryman Badge
* Bronze Star Medal
* Army Good Conduct Medal
* Marksman Marksmanship Qualification Badge with Pistol Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Rifle Bar

6.  There are no orders for the Air Assault Badge in the applicant's service personnel records.  There is also no evidence of record that shows he completed an Air Assault course.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  The Chief of Staff, Army, approved the Air Assault Badge on 18 January 1978.  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 101st Airborne Division (Air Assault) after 1 April 1974.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  This document shows that during the time of the applicant’s assignment to
1st Battalion, 12th Cavalry the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969 by Department of the Army General Orders Number 56, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was released from active duty before the Army Chief of Staff approved award of the Air Assault Badge to Soldiers on 18 January 1978, retroactive to 1 April 1974.  Notwithstanding this fact, there is no evidence the applicant ever attended and 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 101st Airborne Division (Air Assault) after 1 April 1974.  Therefore, there is no basis for granting this portion of the applicant's request.

2.  General orders awarded him the Air Medal for meritorious achievement during his service in the RVN.  Therefore, his DD Form 214 should be corrected to show this award.

3.  His unit in the RVN was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his
DD Form 214 should be corrected to show this award.

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 adding to his DD Form 214 the:

* Air Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 awarding him the Air Assault Badge and adding it to his DD Form 214.



      ___________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)                                         AR20120009089



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ABCMR Record of Proceedings (cont)                                         AR20120009089



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