IN THE CASE OF:	  

		BOARD DATE:	 4 June 2009 

		DOCKET NUMBER:  AR20090002021 


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, correction of his records to show award of the Basic Aviation Badge.

2.  The applicant states, in effect, he graduated from the Flight Operations Coordinator Course, he was awarded military occupational specialty (MOS) 93P (Flight Operations Coordinator), and he held MOS 93P during the entire period of his military service.  He also states that the Basic Aviation Badge may be permanently awarded to Soldiers upon successful completion of formal Advanced Individual Training (AIT) in Career Management Field (CMF) 67 and CMF 93.  The applicant also provides a summary of the basic regulatory requirements and major changes to the badge, including the change in name of the badge to the Basic, Senior, and Master Aviation Badges on 29 February 2000.

3.  The applicant provides copies of United States Army Aviation Center (USAAVNC) Form 7  Certificate, dated 4 February 1988, and a DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of
2 September 1991.

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's military personnel records show he enlisted in the U.S. Army Reserve (USAR) for a period of 8 years on 21 November 1986 under the Delayed Entry Program.  He was discharged from the USAR DEP on
2 September 1987 and enlisted in the Regular Army (RA) on 3 September 1987 for a period of 4 years.

3.  The applicant's military personnel records contain a copy of Headquarters, United States Army Aviation Center, Fort Rucker, Alabama, Orders 249-83, dated 30 December 1987.  The orders show, in pertinent part, the applicant was awarded primary MOS (PMOS) 93P, effective “upon successful completion of training.”

4.  The applicant's military personnel records contain a copy of a DA Form 2442 (Certificate of Achievement), dated 12 January 1988.  This document shows, in pertinent part, the applicant was recognized by his battalion commander for an exceptionally high degree of personal initiative, motivation, and ability while simultaneously completing AIT and the Smart Troop Program at Fort Rucker during the period from 23 November 1987 to 7 January 1988.

5.  The applicant’s military personnel records contain a DA Form 2-1 (Personnel Qualification Record).

   a.  Item 9 (Awards, Decorations and Citations) fails to show the applicant was authorized the Aircraft Crew Member Badge or the Basic Aviation Badge.

   b.  Item 17 (Civilian Education and Military Schools), in pertinent part, shows he completed the 7-week Flight Operations Coordinator course (MOS 93P) at the U.S. Army Aviation Center [Fort Rucker] in 1988.

   
   
   
   c.  Item 35 (Record of Assignments), in pertinent part, shows that subsequent to completion of AIT, the applicant served continuously in duty MOS 93P as a Flight Operations Coordinator throughout the remaining period of his military service.

6.  The applicant's military personnel records contain a DD Form 214 that shows he entered this period of active duty on 3 September 1987, he was honorably released from active duty (REFRAD) on 2 September 1991 by reason of expiration of term of service, and he was transferred to the USAR Control Group (Reinforcement) to complete his remaining military service obligation.  At the time he had completed 4 years of net active service this period.  Item 14 (Military Education) shows he completed the 7-week Flight Operations Coordinator course in December 1987.  Item 11 (Primary Specialty) shows he held MOS 93P (Flight Operations Coordinator) for a period of 3 years and 5 months.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, Driver and Mechanic Badge with Driver “W” Bar, Expert Marksmanship Qualification Badge with (M-16) Rifle Bar, and Army Lapel Button.

7.  The applicant’s military personnel records are absent orders or other evidence that shows he was on flying status as a crew chief or as a non-crewmember.

8.  The applicant’s military personnel records are absent orders or other evidence that shows he was awarded the Aircraft Crew Member Badge or the Basic Aviation Badge.

9.  In support of his application, the applicant provides, in pertinent part, a copy of USAAVNC Form 7, executed on 4 February 1988, that shows the colonel serving as Director, Directorate of Aviation Proponency, United States Army Aviation Center, Fort Rucker, certified that the applicant successfully fulfilled the prescribed requirements of instruction of Flight Operations Coordinator Course (93P), Class 88-502.

10.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning individual military decorations, Good Conduct Medal, service medals and ribbons, combat and special badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states, in pertinent part, that the Aviation Badge is 
authorized for award in three degrees:  basic, senior, and master.  The 

retroactive date for these badges is 1 January 1947.  The Basic Aviation Badge may be awarded to Soldiers upon successful completion of formal AIT in CMF 67 from 7 April 1983 through 30 September 2003 or MOS 93 (93C and 93P graduates who graduated from a CMF 67 AIT after 31 December 1985 [with a documented AIT Diploma]).  This regulation further states that the Basic Aviation Badge will be awarded to Soldiers upon successful completion of formal AIT in CMF 93 MOSs.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his records should be corrected to show award of the Basic Aviation Badge because he graduated from the Flight Operations Coordinator Course, he was awarded MOS 93P, and he held MOS 93P during the entire period of his military service.

2.  The evidence of record shows the applicant completed the Flight Operations Coordinator Course at the U.S. Army Aviation Center, Fort Rucker in 1988; he was awarded PMOS 93P per Headquarters, United States Army Aviation Center Fort Rucker, Orders 249-83, dated 30 December 1987; and he served continuously in Duty MOS 93P as a Flight Operations Coordinator throughout the remaining period of his military service until he was REFRAD on 2 September 1991.

3.  The evidence of record shows the Aviation Badge (formerly the Aircraft Crew Member Badge) was established effective 29 February 2000 and authorized in three degrees:  Basic, Senior, and Master, retroactive to 1 January 1947.  The regulatory guidance authorizes the award of the Basic Aviation Badge, in pertinent part, to Soldiers upon successful completion of formal AIT in CMF 93 MOSs.  Therefore, the applicant is entitled to award of the Basic Aviation Badge and correction of his records to show this award.

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 concern be corrected by adding to item 13 of the applicant's DD Form 214 the Basic Aviation Badge.



      __________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)                                         AR20090002021



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ABCMR Record of Proceedings (cont)                                         AR20090002021



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