IN THE CASE OF:	  

		BOARD DATE: 	        12 November 2009 

		DOCKET NUMBER:  AR20090010921 


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 Senior Aviation Badge (formerly known as Senior Aircraft Crew Member Badge) and the Cold War Certificate.

2.  The applicant states that while he was on active duty he received his Senior Aircraft Crew Member Badge after 10 years of active duty while at Fort Bragg, NC.

3.  The applicant did not provide any additional documentary evidence in support of his request.

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 records show he initially enlisted in the Regular Army (RA) for a period of 3 years on 20 February 1967.  He completed basic combat and advanced individual training (AIT) and was awarded military occupational specialty (MOS) 67N (UH-1 Helicopter Repairman).  He was honorably discharged on 10 August 1969 for the purpose of immediate reenlistment and executed a 6-year reenlistment in the RA on 11 August 1969.  He also executed a 3-year reenlistment on 30 July 1975.

3.  The applicant's records also show he served in Vietnam from on or about 13 July 1967 to on or about 12 June 1968 and in Korea from on or about 13 August 1970 to on or about 12 September 1971.

4.  He was honorably discharged in the rank/grade of staff sergeant/E-6 on 29 July 1978.  The DD Form 214 (Report of Separation from Active Duty) he was issued shows he completed a total of 11 years, 5 months, and 10 days of active military service.

5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Bronze Star Medal, the Armed Forces Expeditionary Medal (Korea), the Air Medal with "V" Device and 1st through 36th Oak Leaf Cluster, the Republic of Vietnam Gallantry Cross with Palm Unit Citation with bronze service star, the Vietnam Service Medal, the Aircraft Crewman Badge, the Army Good Conduct Medal (3rd Award), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

6.  On 1 November 2006, the applicant was issued a DD Form 215 (Correction to DD Form 214) that added the Army Commendation Medal and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

7.  The applicant's records do not contain his flight record and/or official orders awarding him the Senior Aviation Badge.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Senior Aviation Badge, formerly known as the Senior Aircraft Crew Member Badge.  It states, in pertinent part, that an individual must successfully perform flight or non-flight status as defined below.  Flight experience requires successful performance of 7 years on flying status.  Only time involving frequent and regular flights will be counted toward fulfillment of this requirement.  For non-flight experience, Soldiers may be awarded the Senior Aviation Badge after 10 years of experience in a principal duty assignment of the following career management fields (CMF)/MOS:  CMF 15 (Aviation) graduates; CMF 67 (Aircraft Maintenance) graduates from 7 April 1983 through 30 September 2003; MOS 68 (Aircraft Repair) graduates after 31 December 1985; MOS 93C and 93P (Aviation Operations) graduates after 31 December 1985 (with a documented AIT diploma); MOS 93B graduates from 7 April 1983 through 1 January 1998; MOS 93D graduates from 7 April 1983 through 30 September 1996, and others that are not applicable in this case.  In addition to the above criteria, all individuals must meet the following requirements:  displayed complete competence in the principal duty or duties performed leading to this award; attained the grade of E–4 or higher; be recommended by the unit commander of the unit to which presently assigned; and Soldiers who retain qualifying CMF 15 or CMF 67, CMF 93, or MOS 71P prior to 30 September 2003, while performing career-progressive assignments such as Drill Instructor, Recruiter, Career Management NCO, Career Advisor, Instructor, or Equal Opportunity Advisor will be counted towards this requirement, not to exceed 36 months.

9.  In accordance with section 1084 of the Fiscal Year 1998 National Defense Authorization Act (Public Law 105-85), Congress authorized the Secretary of Defense to award a Cold War Victory Medal to all veterans of the Cold War.  To date, the Secretary of Defense has not awarded a Cold War Victory Medal, but has instead opted to issue a Cold War Recognition Certificate to all members of the Armed Forces and qualified Federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era (2 September 1945 to 26 December 1991).  Eligible personnel must apply for the certificate on their own behalf.  The Cold War Recognition System internet home-page (http://coldwar.army.mil) provides information and instructions for individual requests.  Eligible personnel may also send their requests by regular mail to Commander, U.S. Army Human Resources Command, Cold War Recognition, ATTN:  HRC-CWRS, Room 3N45, 200 Stovall Street, Alexandria, VA  22332-0473, with supporting evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Senior Aviation Badge and the Cold War Certificate.

2.  With respect to the Senior Aviation Badge, there is no evidence in the applicant's records and the applicant did not provide any substantiating evidence that shows he was recommended by his unit commander and/or was awarded this badge.  In the absence of a formal recommendation and/or official orders, there is insufficient evidence to award the applicant the Senior Aviation Badge in this case.

3.  With respect to the Cold War Certificate, issuance of this certificate is not within this Board's authority.  Additionally, the award of the Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 and, as a result, may not be shown on a discharge document.  The applicant is advised to contact the address/web site listed in the Consideration of Evidence section to request his certificate.

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)                                         AR20090010921



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ABCMR Record of Proceedings (cont)                                         AR20090010921



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