IN THE CASE OF:
BOARD DATE: 5 February 2009
DOCKET NUMBER: AR20080017126
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 Basic Aviation Badge (formerly known as the Aircraft Crew Member Badge).
2. The applicant states, in effect, that his DD Form 214 (Report of Transfer or Discharge) shows he served as an air traffic control specialist in military occupational specialty (MOS) 93B and that he graduated from advanced individual training (AIT) in MOS 93B prior to January 1998; therefore, he met all the criteria for the Basic Aviation Badge
3. The applicant provides a three page document pertaining to the Basic Aviation Badge and a copy of his DD Form 214 in support of his 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 enlisted in the Regular Army on 30 July 1965 for a period of
3 years. He successfully completed basic combat and AIT and was awarded MOS 93B. He served in MOS 93B in Vietnam and was released from active duty on 29 July 1968.
3. The applicants DD Form 214 does not show the Aircraft Crew Member Badge as an authorized award.
4. There are no orders for the Aircraft Crew Member Badge in the applicants service personnel records.
5. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Aircraft Crew Member Badge (i.e., currently known as the Basic Aviation Badge) may be permanently awarded for successful completion of formal AIT in career management field (CMF) 67 MOSs. The regulation also states that MOS 93B graduates from 7 April 1983 through 1 January 1998 may be awarded the Basic Aviation Badge. Paragraph 28a(1) of this regulation states that for award of this badge, an individual must be on flying status in accordance with Army Regulation 600-106 or be granted a waiver by Headquarters, U.S. Army Human Resources Command (AHRC-PLP-1); be on flying status (physically qualified-class III); have performed crewmember or noncrewmember flying duties for not less than 12 months (not necessarily consecutive), or by logging not less than 48 flight hours (whichever comes first), or be school trained. The regulation further states that the Basic Aviation Badge will be awarded to Soldiers upon successful completion of formal AIT in CMF 93 MOSs. Soldiers previously holding MOS 93B who graduated from a CMF 93 AIT prior to 1 January 1998 and Soldiers previously holding MOS 93D who graduated from a CMF 93 AIT prior to
30 September 1996, to include MOS 71P who graduated from AIT prior to
30 June 1984, are authorized the badge based on documented AIT after 7 April 1983.
DISCUSSION AND CONCLUSIONS:
There are no orders for the Aircraft Crew Member Badge. Evidence of record shows the applicant completed AIT in MOS 93B in 1965. There is no evidence of record which shows he performed crewmember or noncrewmember flying duties for not less than 12 months or that he flew 48 flight hours. Therefore, the applicant is not entitled to award of the Basic Aviation Badge.
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.
_________xxx_____________
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) AR20080017126
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ABCMR Record of Proceedings (cont) AR20080017126
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