IN THE CASE OF:	  

		BOARD DATE:	  23 September 2014

		DOCKET NUMBER:  AR20140002879 


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) to show award of the:

* Air Assault Badge
* Army Good Conduct Medal
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Unit Citation for his service in the 564th Military Police Company

2.  The applicant states:

   a.  He qualifies for the Air Assault Badge because he earned the same as a door gunner in 1966, while serving with Company A, 229th Aviation Battalion    (Air Assault), An Khe, Republic of Vietnam; however, the badge was not available at the time.

   b.  All members of the 564th Military Police Company were required to fire expert with their weapons.

   c.  He earned the Army Good Conduct Medal because he served one year during wartime and was honorably discharged from the U.S. Army Reserve.

3.  The applicant provides his DD Form 256A (Honorable 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 enlisted in the Regular Army on 28 September 1964.  He completed training and was awarded military occupational specialty 76Y (Unit and Organization Supply Specialist).  

3.  Evidence shows he served in Germany with the 564th Military Police Company, from approximately March through November 1965.  Throughout this period his conduct was rated "excellent" but he received one efficiency rating of "good."

4.  He served in the Republic of Vietnam for the period 8 December 1965 to 
7 December 1966.  During this period he served with the 229th Aviation Battalion. 

5.  The evidence of record shows he accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice on:

* 2 March 1967, for absenting himself from his unit from 1 to 2 March 1967
* 21 April 1967, for operating a passenger car in a negligent manner by following too close and thereby causing a motor vehicle accident
* 21 August 1967, for failing to go at the time prescribed to his appointed place of duty

6.  His records do not contain evidence that indicates he completed the Air Assault Course and was awarded the Air Assault Badge.  His record also contains no orders showing he was awarded the Army Good Conduct Medal nor is there evidence he received the Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).


7.  He was honorably released from active duty on 27 September 1967 and he was transferred to the U.S. Army Reserve to complete his Reserve obligation.  His DD Form 214, further corrected by DD Form 215 (Correction of DD Form 214) on 23 January 2014, shows he was awarded the:

* Air Medal
* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 2 Overseas Service Bars

8.  Army Regulation 600-8-22 (Military Awards) states the basic eligibility criteria for award of the Air Assault Badge consists of satisfactory completion of an air assault training course according to the Training and Doctrine Command (TRADOC) standardized Air Assault Core Program of Instruction or the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) since 1 April 1974.  The badge approval authority is a division or separate brigade commander or the commander of the 101st Airborne Division (Air Assault).

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

10.  Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman – in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified. 

11.  The Soldier Programs/Services Division, Awards Branch, U.S. Army Human Resources Command (HRC) database does not show the 564th Military Police Company was awarded a unit citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request has been carefully examined.

2.  To be awarded the Air Assault Badge, a Soldier must satisfactorily complete an air assault training course according to the U.S. Army TRADOC standardized Air Assault Core Program of Instruction, or complete the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974.  There is no evidence he met this criteria; therefore, he is not entitled to this award.

3.  A commander's decision to award the Army Good Conduct Medal is based on his or her personal knowledge and of an individual's official records for periods of service under previous commanders during the period for which the award is to be made.  Although he completed 3 years of continuous active service and he was honorably released from active duty, at the time the applicant served, to be awarded the Army Good Conduct Medal, a Soldier must have had all "excellent" conduct and efficiency ratings.  His record shows he received an efficiency rating of "good" for one assignment.  Therefore, he is not eligible for award of the Army Good Conduct Medal.  

4.  His records show he qualified as an Expert with the M-14 rifle and he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  His record is void of any evidence and he has not provided evidence that shows he was awarded the Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).  Absent evidence to show he qualified expert with this weapon, there is no basis to grant this badge.

5.  He does not provide any evidence to corroborate his claim that the 564th Military Police Company received a unit citation and the Soldier Programs/Services Division, Awards Branch, HRC database does not show the 564th Military Police Company was awarded a unit citation.  Therefore, he is not entitled to correction of his records to show this citation.

6.  In view of the foregoing, the applicant is not entitled to the requested relief.








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)                                         AR20140002879





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ABCMR Record of Proceedings (cont)                                         AR20140002879



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