IN THE CASE OF:	  

		BOARD DATE:	  1 October 2009

		DOCKET NUMBER:  AR20090006322 


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, award of the Basic Aviation Badge. 

2.  The applicant states, in effect, he completed an on the job (OJT) training course and was assigned to an aviation position from early 1990 until February 1991.  

3.  The applicant provides a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) and military occupational specialty (MOS) award orders 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 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 record shows that after serving in the United States Navy and United States Naval Reserve between 21 November 1971 and 14 April 1972, the applicant enlisted in the Connecticut Army National Guard (CTARNG).  

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in
item 6 (Military Occupational Specialties) that he was awarded primary MOS 54B (Chemical Operations Specialist) on 14 September 1986, secondary MOS (SMOS) 68G (Aircraft Structure Mechanic) on 6 March 1992, and additional MOS (AMOS) 71L (Administrative Specialist) on 6 March 1992.  

4.  Item 17 (Civilian Education and Military Schools) of the applicant's DA Form 2-1 shows he completed an MOS 68G (Aircraft Structural) extension course in 1990.  

5.  Item 35 (Record of Assignments) shows that while assigned to the Aviation Classification Repair Activity Depot (AVCRAD), Groton, Connecticut, between 
1 September 1983 and 30 August 1993, he served in the following MOSs and duty positions for the periods indicated:  MOS 54E (Chemical Operations Specialist) from 1 September 1983 through 18 February 1988; MOS 00D (Silk Screen Specialist) from 19 February 1988 through 31 October 1989 and from 
4 December 1989 through 9 February 1991; MOS 43M (Fabric Repair Specialist) from 1 November through 3 December 1989; and in MOS 54B from 10 February 1991 through 30 August 1993.  

6.  The list of awards entered in item 9 (Awards and Decorations) of the applicant's DA Form 2-1 does not include the Basic Aviation Badge and there are no orders or other documents on file that indicate he was ever awarded this badge.  

7.  On 31 August 1993, the applicant was honorably discharged from the CTARNG, in the rank of staff sergeant/E-6.  The NGB Form 22 he was issued at the time does not include the Basic Aviation Badge in the list of awards entered in item 15 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized). 

8.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Chapter 8 contains guidance on award of badges and tabs of United States origin.

9.  Paragraph 8-27 of the awards regulation contains guidance on award of Aviation Badges and paragraph 8-28 contains guidance on award of the Basic Aviation Badge.  It states, in pertinent part, that  for award of this badge, an individual must be on flying status or be granted a waiver by Human Resources Command (HRC); have performed crewmember or non-crewmember 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 Basic Aviation Badge may be awarded to Soldiers upon successful completion of formal advanced individual training (AIT) in MOS 68G.  There are no provisions for awarding the badge for completion of an extension course. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be awarded the Basic Aviation Badge was carefully considered.  However, there is insufficient evidence to support this claim.  

2.  By regulation, in order to support award of the Basic Aviation Badge, the member must be on flying status or be granted a waiver by HRC; the member must have performed crewmember or non-crewmember flying duties for not less than 12 months or logging not less than 48 flight hours (whichever comes first), or be school trained.  There are no regulatory provisions for awarding the badge based on completion of an extension course.  

3.  The applicant's record fails to show he served in an MOS 68G position and/or was on flight status during his tenure of assignment in the CTARNG, or that he ever completed a formal in-house 68G AIT course.  As a result, the regulatory criteria necessary to support award of this badge has not been satisfied in this case.  

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement. 

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)                                         AR20090006322



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ABCMR Record of Proceedings (cont)                                         AR20090006322



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