BOARD DATE: 24 June 2014
DOCKET NUMBER: AR20130019190
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 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 29 July 1966 to show the Air Assault Badge.
2. The applicant states the badge was not listed on his DD Form 214 at the time of his discharge.
3. The applicant provides copies of:
* his DD Form 214
* 11th Air Assault Division Artillery Unit Orders Number 71
* internet printout showing the Air Assault Badge
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 31 January 1963, with prior service, the applicant enlisted in the Regular Army.
3. On 29 July 1966, he was honorably discharged. He completed a total of 6 years, 10 months, and 2 days of creditable active service. His DD Form 214 for this period of service shows he was awarded or authorized the:
* Army Good Conduct Medal
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
4. He provides 11th Air Assault Division Artillery, Unit Orders Number 71, dated 4 December 1964, awarding him the Air Assault Badge.
5. Army Regulation 600-8-22 (Military Awards) states award of the 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.
DISCUSSION AND CONCLUSIONS:
Unit orders awarded him the Air Assault Badge in 1964. However, regulatory policy does not officially provide for award of the Air Assault Badge prior to 1 April 1974, and then only upon satisfactory completion of a prescribed training course. Therefore, the applicant is not entitled to have this badge added to his DD Form 214.
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) AR20130019190
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ABCMR Record of Proceedings (cont) AR20130019190
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