IN THE CASE OF:
BOARD DATE: 20 October 2010
DOCKET NUMBER: AR20100013969
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 correction of his DD Form 214 (Report of Separation from Active Duty) to show the Helicopter Crew Member Wings (correctly known as the Basic Aviation Badge).
2. The applicant states he joined a veterans group and when they reviewed his discharge to ensure he was wearing the proper ribbons and medals, it was noted that his Helicopter Crew Member Wings were not listed on his discharge.
3. The applicant provides a DD Form 214 (Report of Separation from Active Duty) in support of this 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 applicants 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 applicants 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 21 January 1974. He completed initial entry training and was awarded military occupational specialty (MOS) 11B (Infantryman).
3. A DA Form 1059 (Service School Academic Evaluation Report) shows he completed the UH-1 Repair Course (MOS 67N) on 6 March 1975.
4. Headquarters, U.S. Army Aviation Center, Fort Rucker, AL, Special Orders Number 42, dated 3 March 1975, awarded him MOS 67N (UH-1 Helicopter Repairer) effective 3 March 1975.
5. On 20 January 1977, he was released from active duty. Item 16a (Primary Specialty Number and Title) shows he held MOS 67N at the time of his separation.
6. Army Regulation 600-8-22 (Military Awards) authorizes permanent award of the Basic Aviation Badge to individuals upon successful completion of advanced individual training (AIT) in career management fields (CMFs) 67 (aircraft maintenance) and 93 (aviation operations) and to Soldiers who previously completed AIT in CMF 28 (aviation communications and electronic systems maintenance).
DISCUSSION AND CONCLUSIONS:
The applicant completed the required course and was awarded MOS 67N. Therefore, he is authorized award of the Basic Aviation Badge and to have it added his DD Form 214.
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 concerned be corrected by amending his DD Form 214 by adding 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) AR20100013969
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ABCMR Record of Proceedings (cont) AR20100013969
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