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ARMY | BCMR | CY2010 | 20100013288
Original file (20100013288.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  2 November 2010

		DOCKET NUMBER:  AR20100013288 


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 Army Aviator Badge and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award.

2.  The applicant states:

	a.  his DD Form 214 only shows the Army Aviator Badge (Basic) and

	b.  based on his completion of more than 1,500 flight hours on active duty, his award of the Army Aviator Badge should have been upgraded to the Senior Army Aviator Badge.

3.  The applicant provides four pages of a DA Form 759 (Individual Flight Record - Army Aviator).

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 record shows he initially enlisted in the Regular Army on 4 October 1965 and he continuously served until he was honorably discharged 10 October 1966 in the rank/grade of specialist five (SP5)/E-5.  He completed 1 year and 7 days of total active service.

3.  On 11 October 1966, the applicant was appointed as an officer in the U.S. Army Reserve (USAR) in the rank/grade of warrant officer one (WO1)/W-1 with concurrent order to active duty for service in Vietnam.  He served in military occupational specialty 100B0 (Rotary Wing Pilot Observer, Utility Light Cargo).

4.  Item 44 (Flying Hours) of the applicant’s DA Form 66B (Insert Sheet to 
DA Form 66 (Officer Qualification Record)) shows that as of 30 June 1969 he completed 1,796 Single Engine (SE) Helicopter and 195 Multi-Engine (ME) Helicopter flying hours for a total of 1,991 flying hours.

5.  The applicant’s military record contains no documents or orders to show he was recommended for or awarded the Senior Army Aviator Badge.

6.  On 12 October 1969, the applicant was honorably released from active duty and he was transferred to the USAR Control Group (Annual Training) to complete his remaining Reserve obligation.  The DD Form 214 he was issued at the time shows he completed 3 years and 2 days of net service this period and
4 years and 9 days of total active service.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 issued at the time shows he was awarded the Army Aviator Badge among other awards.  It does not show the Senior Army Aviator Badge.

8.  The applicant provides four pages of Individual Flight Records which confirm he completed 1,515 flight hours as of 28 February 1968.

9.  Army Regulation 600-8-22 (Military Awards) provides that there are three degrees of the aviator badges authorized for award.  The badges and their respective eligibility criteria are as follows:

	a.  Basic Army Aviator Badge:

		(1)  must have satisfactorily completed prescribed training and proficiency tests as outlined in Army Regulation 600-105 (Aviation Service of Rated Army Officers) and must have been designated as an aviator in orders;

		(2)  be currently qualified for flying duty in their respective military service;

		(3)  be medically qualified for flight status; and

		(4)  if not a graduate of an initial entry U.S. Army aviation course, have attended a formal training or aircraft transition course conducted at Fort Rucker or at a U.S. Army Aviation Training School. 

	b.  Senior Army Aviator Badge:

		(1)  be fully qualified for award of the Basic Army Aviator Badge; and

		(2)  have 1,000 flying hours in aircraft and 7 years from basic rating date.

	c.  Master Army Aviator Badge:

		(1)  be fully qualified for award of the Basic Army Aviator Badge; and

		(2)  have 2,000 flying hours in aircraft and 15 years from basic rating date.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show award of the Senior Army Aviator Badge instead of the Basic Aviation Badge.

2.  By regulation, the Senior Army Aviator Badge is authorized for permanent award to individuals who are fully qualified for award of the Basic Army Aviator Badge, have 1,000 flying hours in aircraft and (emphasis added) 7 years from basic rating date.  The evidence of record confirms the applicant completed
3 years and 2 days of service on flight status.  As a result, the minimum criteria necessary for award of the Senior Army Aviator Badge has not been met in this case.

3.  In view of the foregoing, the applicant's request should be denied.

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)                                         AR20100013288



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20100013288



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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