IN THE CASE OF:
BOARD DATE: 2 December 2008
DOCKET NUMBER: AR20070014131
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 record to show he flew a total of 584 hours of combat flight time. The applicant also requests to have his appropriate grade annotated on his flight record.
2. The applicant states, in effect, he discovered these errors while auditing his records in response to a data call at his National Guard unit in August of 2004. The applicant contends that his DA Form 759 (Individual Flight Record and Flight Certificate - Army), for the period of January through June 1970 incorrectly shows his grade as WO1 [warrant officer one] instead of his actual grade at the time of CW2 [chief warrant officer two]. He continues that administrative error resulted in the understatement of his actual combat flight time on his DA Forms 759 covering the period of April through December of 1970. The applicant concludes that he desires to have his record corrected so it is an accurate reflection of his time served in the military.
3. The applicant provides a self-authored statement, two DA Forms 759, seven DA Forms 759-1 (Individual Flight Record and Flight Certificate - Army - Part II), and a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) as additional documentary evidence in support of this application.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's record shows that he enlisted in the Regular Army in order to attend the Warrant Officer Flight Training Course. He entered active duty on 7 March 1968 and following successful completion of the course, he was released from active duty on 9 February 1969 in order to accept a warrant officer appointment. The applicant served as a warrant officer both on active duty and off until 18 January 1985, when he was released in order to accept appointment as a captain (CPT)/pay grade O-3. He continued to serve as a commissioned officer in the Army National Guard until he ultimately retired at age 60 in the grade of lieutenant colonel (LTC)/pay grade O-5.
3. A DA Form 71 (Oath of Office - Military Personnel), dated 10 February 1969, shows the applicant accepted appointment as a reserve warrant officer in the grade of WO1 in the aviation branch. A DD Form 220 (Active Duty Report), dated 10 March 1969, shows the applicant entered active duty immediately on
10 March 1969.
4. Headquarters, United States Army Aviation School Element, Hunter Army Airfield, Georgia Special Orders Number 36, dated 10 February 1970, promoted the applicant to the grade of CW2 with a date of rank of 10 February 1970.
5. United States Army Aviation Center Form 759 (Individual Flight Record and Flight Certificate - Army), labeled Sheet Number 4-1, summarized the applicant's flying time for the period of 11 December 1969 through 26 January 1970. This form, in pertinent part, shows the applicant had a total of 282 flying hours in First Pilot status and a total of 63 flying hours in Copilot status brought forward from Sheet Number 3. This form further shows the applicant flew an additional 23 hours in First Pilot status during this period which brought his new totals, shown in Section III, to 305 flying hours in First Pilot status, 63 flying hours in Copilot status, and 208 flying hours in Military Student Pilot status.
6. A DA Form 759-1, labeled Sheet Number 5-1, summarized the applicant's flying time for the period of January through April 1970. Item 30 (Grade and Component) of this form shows the applicant's grade as WO1. Item 32 (Total Brought Forward From Sheet Number ____) of this form, in pertinent part, shows the applicant had a total of 305 flying hours in First Pilot status and a total of 63 flying hours in Copilot status brought forward from Sheet Number 4-1. Item 31 (Totals This Sheet) of this form further shows the applicant flew an additional 39.9 [rounded up to 40] hours in First Pilot status during this period which brought his new totals, shown in Item 33 (Totals to Date) of this form, to 345 flying hours in First Pilot status and 63 flying hours in Copilot status. This form also shows that 37.6 of the applicant's hours flown during this period were during combat missions.
7. A DA Form 759-1, labeled Sheet Number 5-2, summarized the applicant's flying time for May 1970. Item 30 of this form shows the applicant's grade as WO1. Item 32 of this form, in pertinent part, shows the applicant had a total of 305 flying hours in First Pilot status and a total of 63 flying hours in Copilot status brought forward from Sheet Number 5-1. Item 31 of this form further shows the applicant flew an additional 65.5 [rounded up to 66] hours in First Pilot status and an additional 51 hours in Copilot status during this period which brought his new totals, shown in Item 33 of this form, to 371 flying hours in First Pilot status and 114 flying hours in Copilot status. This form also shows that 116.5 [rounded up to 117] of the applicant's hours flown during this period were during combat missions.
8. A DA Form 759-1, labeled Sheet Number 5-3, summarized the applicant's flying time for June 1970. Item 30 of this form shows the applicants grade as WO1. Item 32 of this form, in pertinent part, shows the applicant had a total of 371 flying hours in First Pilot status and a total of 114 flying hours in Copilot status brought forward from Sheet Number 5-1. Item 31 of this form further shows the applicant flew an additional 20.1 [rounded down to 20] hours in First Pilot status and an additional 39.5 [rounded up to 40] hours in Copilot status during this period which brought his new totals, shown in Item 33 of this form, to 391 flying hours in First Pilot status and 154 flying hours in Copilot status. This form also shows that 59.6 [rounded up to 60] of the applicant's hours flown during this period were during combat missions.
9. A DA Form 759, labeled Sheet Number 5, consolidated and summarized the applicant's flying time for the period of January through June 1970. Item 5 (Grade, Branch, Component and Date of Birth) of this form shows the applicants grade as WO1. Item 13 (First Pilot) of this form shows the applicant had a total of 391 flying hours in First Pilot status brought forward from Sheet Number 5-3. Item 14 (Copilot) of this form shows the applicant had a total of 154 flying hours in Copilot status brought forward from Sheet Number 5-3. Item 15 (Military Student Pilot) of this form shows the applicant had a total of 208 flying hours in Military Student Pilot status brought forward from Sheet Number 4-1. Item 18 (Total Pilot Time) of this form shows the applicant had flown a combined total of 753 hours. Item 19 (Pilot Combat Time) shows that 177 of the applicant's hours flown during this period were during combat missions.
10. A DA Form 759-1, labeled Sheet Number 6-1, summarized the applicant's flying time for July 1970. Item 30 of this form shows the applicant's grade as WO1. Item 32 of this form, in pertinent part, shows the applicant had a total of 391 flying hours in First Pilot status and a total of 154 flying hours in Copilot status brought forward from Sheet Number 5-3. Item 31 of this form further shows the applicant flew an additional 44 hours in First Pilot status and an additional 77 hours in Copilot status during this period which brought his new totals, shown in Item 33 of this form, to 435 flying hours in First Pilot status and 231 flying hours in Copilot status. This form also shows that 121 of the applicant's hours flown during this period were during combat missions.
11. A DA Form 759-1, labeled Sheet Number 6-2, summarized the applicant's flying time for August 1970. Item 30 of this form shows the applicant's grade as WO1. Item 32 of this form, in pertinent part, shows the applicant had a total of 435 flying hours in First Pilot status and a total of 231 flying hours in Copilot status brought forward from Sheet Number 6-1. Item 31 of this form further shows the applicant flew an additional 9 hours in Aircraft Commander status, 58 hours in First Pilot status and an additional 30 hours in Copilot status during this period which brought his new totals, shown in Item 33 of this form, to 9 hours in Aircraft Commander status, 493 flying hours in First Pilot status, and 261 flying hours in Copilot status. This form also shows that 97 of the applicant's hours flown during this period were during combat missions.
12. A DA Form 759-1, labeled Sheet Number 6-3, summarized the applicant's flying time for the period of September through October 1970. Item 30 of this form shows the applicant's grade as WO1. Item 32 of this form, in pertinent part, shows the applicant had a total of 9 hours in Aircraft Commander status, 493 flying hours in First Pilot status, and a total of 261 flying hours in Copilot status brought forward from Sheet Number 6-2. Item 31 of this form further shows the applicant flew an additional 43.6 [rounded up to 44] hours in Aircraft Commander status and 24.5 [rounded up to 25] hours in First Pilot status during this period which brought his new totals, shown in Item 33 of this form, to 53 hours in Aircraft Commander status, 518 flying hours in First Pilot status and 261 flying hours in Copilot status. This form also shows that 69 of the applicant's hours flown during this period were during combat missions.
13. A DA Form 759-1, labeled Sheet Number 6-4, summarized the applicant's flying time for the period of November through December 1970. Item 32 of this form, in pertinent part, shows the applicant had a total of 53 hours in Aircraft Commander status, 518 flying hours in First Pilot status, and a total of 261 flying hours in Copilot status brought forward from Sheet Number 6-3. Item 31 of this form further shows the applicant flew an additional 80 hours in Aircraft Commander status and 3 hours in First Pilot status during this period which brought his new totals, shown in Item 33 of this form, to 133 hours in Aircraft Commander status, 521 flying hours in First Pilot status and 261 flying hours in Copilot status. This form also shows that 83 of the applicant's hours flown during this period were during combat missions.
14. A DA Form 759, labeled Sheet Number 6, consolidated and summarized the applicant's flying time for the period of January through June 1970. Item 11 (Aircraft Commander) of this form shows the applicant had a total of 133 flying hours in Aircraft Commander status brought forward from Sheet Number 6-4. Item 13 (First Pilot) of this form shows the applicant had a total of 521 flying hours in First Pilot status brought forward from Sheet Number 6-4. Item 14 (Copilot) of this form shows the applicant had a total of 261 flying hours in Copilot status brought forward from Sheet Number 6-4. Item 15 (Military Student Pilot) of this form shows the applicant had a total of 208 flying hours in Military Student Pilot status brought forward from Sheet Number 5. Item 18 of this form shows the applicant had flown a combined total of 1123 hours. Item 19 (Pilot Combat Time) shows that 547 of the applicant's hours flown during this period were during combat missions.
15. The applicant's DD Form 214 for the period ending 11 February 1971 shows he was relieved from active duty with an honorable characterization of service and transferred to the United States Army Reserve (USAR) Control Group (Annual Training) after serving a total of 2 years and 2 days on active duty. This form also shows the applicant held the grade of CW2 with a date of rank of 10 February 1970 at the time of his release from active duty.
16. The applicant provides a self-authored statement in which he essentially identifies the administrative errors in his flight record and provides what he believes to be the correct information. In essence, he states that based upon his promotion to the grade of CW2 on 11 February 1970, all documentation showing his grade as WO1 after that date should be corrected to show CW2. The applicant continues by showing why he believes that the totals of the individual entries for his combat mission flying hours were improperly annotated on DA Forms 759 and DA Forms 759-1 which resulted in crediting him with fewer hours than he actually flew.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions that his military record should be corrected to show his appropriate grade and that he flew a total of 584 hours of combat flight time was carefully considered and determined to have merit.
2. Special Orders promoted the applicant to the grade of CW2 with a date of rank of 10 February 1970. Therefore, he is entitled to have Sheets 5-1, 5-2, 5-3, 5, 6-1, 6-2, and 6-3 of his flight record documentation pertaining to the period of 10 February 1970 through 31 October 1970 corrected to show his grade as CW2.
3. A detailed review of the applicant's flight record shows that an administrative error occurred when rendering DA Form 759-1, labeled Sheet Number 5-2, which summarized the applicant's flying time for May 1970. Item 30 of this form shows the applicant's grade as WO1. Item 32 of this form, in pertinent part, erroneously shows the applicant had a total of 305 flying hours in First Pilot status brought forward from Sheet Number 5-1 when, in fact, Sheet Number 5-1 shows the applicant had accrued a total of 345 flying hours in First Pilot status.
4. This administrative error was carried forward in Item 32 on Sheets 5-3, 6-1,
6-2, 6-3, and 6-4; and Item 13 on Sheets 5 and 6 of the applicant's flight record. After mathematical rounding adjustments, this administrative error resulted in shorting the applicant's First Pilot status flying time by 40 hours and his combat mission flying time by 38 hours. Therefore, the applicant is entitled to have his flight record corrected to show the time that he actually flew in each pilot status. Once the corrections are applied it will result in showing the applicant flew a total of 561 hours in First Pilot status, 1163 hours of Total Pilot Time, and 585 hours of Combat Pilot Time.
5. The applicant's DA Forms 759-1 should be corrected to show the values indicated below:
a. Sheet 5-2, Item 32f should show 345 and Item 33f should show 411;
b. Sheet 5-3, Item 32f should show 411 and Item 33f should show 431;
c. Sheet 6-1, Item 32f should show 431 and Item 33f should show 475;
d. Sheet 6-2, Item 32f should show 475 and Item 33f should show 533;
e. Sheet 6-3, Item 32f should show 533 and Item 33f should show 558; and
f. Sheet 6-4, Item 32f should show 558 and Item 33f should show 561.
6. The applicant's DA Forms 759 should be corrected to show the values indicated below:
a. Sheet 5, Item 13e and Item 13j should both show 431, Item 18e and Item 18j should both show 793, and Item 19e and Item 19j should both show 215; and
b. Sheet 6, Item 13e and Item 13j should both show 561, Item 18e and Item 18j should both show 1163, and Item 19e and Item 19j should both show 585.
BOARD VOTE:
___X___ ___X____ __X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. correcting the applicant's DA Forms 759-1 to show the values indicated below:
1. Sheet 5-1, Item 30 to show the applicant's grade as CW2;
2. Sheet 5-2, Item 30 to show the applicant's grade as CW2, Item 32f should show 345, and Item 33f should show 411;
3. Sheet 5-3, Item 30 to show the applicant's grade as CW2, Item 32f should show 411, and Item 33f should show 431;
4. Sheet 6-1, Item 30 to show the applicant's grade as CW2, Item 32f should show 431, and Item 33f should show 475;
5. Sheet 6-2, Item 30 to show the applicant's grade as CW2, Item 32f should show 475, and Item 33f should show 533;
6. Sheet 6-3, Item 30 to show the applicant's grade as CW2, Item 32f should show 533, and Item 33f should show 558; and
7. Sheet 6-4, Item 32f should show 558 and Item 33f should show 561.
b. correcting the applicant's DA Forms 759 to show the values indicated below:
1. Sheet 5, Item 5 to show his grade as CW2, both Item 13e and Item 13j to show 431, both Item 18e and Item 18j to show 793, and both Item 19e and Item 19j to show 215; and
2. Sheet 6, both Item 13e and Item 13j to show 561, both Item 18e and Item 18j to show 1163, and both Item 19e and Item 19j to show 585.
__________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) AR20070014131
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