IN THE CASE OF:	  

		BOARD DATE:	  8 September 2010

		DOCKET NUMBER:  AR20100008456 


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 "Helicopter Crew Member Wings" (formerly known as the Aircraft Crew Member Badge and now known as the Aviation Badge).  He also requests his military records be corrected to show he served in Germany.  
 
2.  The applicant states, in effect:

* His award of the Aviation Badge was overlooked due to reassignment orders to USARPAC [ U.S. Army Pacific]
* He was deployed to Germany during Reforger, a part of the U.S. Forces in NATO [North Atlantic Treaty Organization], with the 546th Medical Company in the fall of 1970 

3.  The applicant provides:

* An excerpt from Army Regulation 600-8-22 (Military Awards) pertaining to the basic Aviation Badge
* Individual flight records
* DD Form 214 (Report of Separation from Active Duty)
* Page 3 of his DA Form 20 (Enlisted Qualification Record)
* DD Form 214 (Report of Transfer or Discharge) 




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 enlisted in the Regular Army on 8 October 1968 for a period of 3 years.  He successfully completed basic combat training and advanced individual training.  He was awarded military occupational specialty (MOS) 91A (medical corpsman) and later MOS 91B (medical specialist).  His DA Form 20 shows he was assigned to the 546th Medical Company from 5 October 1970 to 17 November 1970 at Fort Benning, Georgia.  On 18 July 1971, he was honorably discharged for immediate reenlistment.  

3.  The applicant's DD Form 214 for the period ending 18 July 1971 does not show the Aircraft Crew Member Badge as an authorized award.  Item 22c (Foreign and/or Sea Service) on this DD Form 214 shows the entry "00 00 00." 

4.  There is no evidence of record which shows the applicant served in Germany in 1970.  

5.  The applicant reenlisted on 19 July 1971 for a period of 4 years.  He served as a medical specialist in Hawaii from 23 September 1971 until he was honorably discharged on 1 December 1971. 

6.  The applicant's DD Form 214 for the period ending 1 December 1971 does not show the Aircraft Crew Member Badge as an authorized award.     

7.  Item 31 (Foreign Service) on the applicant's DA Form 20 shows he served in Hawaii.

8.  There are no orders for the Aircraft Crew Member Badge in the applicant’s service personnel records.  

9.  In support of his claim for the Aviation Badge, the applicant provided DA Forms 759 (Individual Flight Record and Flight Certificate) for the period covering December 1970 to August 1971.  These records show he performed crewmember flying duties and he flew 48 flight hours during this period.  

10.  Army Regulation 600-8-22 provides for award of the Aviation Badge.  Paragraph 8-28a(1) of this regulation states for award of this badge an individual must be on flying status in accordance with Army Regulation 600-106 or be granted waiver by Headquarters, U.S. Army Human Resources Command (AHRC-PLP-I); 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.    

11.  Army Regulation 635-5 (Personnel Separations/Separation Forms) governed the preparation of the DD Form 214.  There is no provision to show temporary duty assignments or any assignment other than the unit of assignment upon separation on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  Although there are no orders for the Aircraft Crew Member Badge, evidence of record shows the applicant performed crewmember flying duties from December 1970 to August 1971 and he flew 48 flight hours.  Therefore, he is entitled to award of the Basic Aviation Badge and correction of his DD Form 214 for the period ending 1 December 1971 to show this badge. 

2.  Although the applicant contends he served in Germany in 1970, there is no evidence of record and the applicant provided no evidence to support this contention.  In any case, the governing regulation states there is no provision to show any assignment other than the unit of assignment upon separation on the DD Form 214.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

__X_____  __X____  ___X____  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Basic Aviation Badge on his DD Form 214 for the period ending 
1 December 1971.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending his DD Form 214 to show he served in Germany.  



      _______ _ 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)                                         AR20100008456





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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)