BOARD DATE: 1 February 2011
DOCKET NUMBER: AR20100018188
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 retroactive award of the Korea Defense Service Medal (KDSM), and the Basic, Senior, and Master Aviation Badges.
2. He states no additional contentions concerning the above awards.
3. He provides:
* A DD Form 214 (Certificate of Release or Discharge from Active Duty)
* A DD Form 214 (Report of Separation from Active Duty)
* A DA Form 1059 (Service School Academic Evaluation Report)
* Two DA Forms 87 (Certificate of Training)
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's record shows he initially enlisted in the Regular Army on 6 January 1976.
3. His DA Form 2-1 (Personnel Qualification Record) contains the following entries:
a. Item 5 (Overseas Service) shows he served in the Republic of Korea from 8 October 1981 through 4 October 1982.
b. Item 17 (Civilian Education and Military Schools) shows, in part, he completed the following military training:
* 1976 - Field Artillery Crewman, military occupational specialty (MOS) 13B
* 1979 - Air Traffic Control Tower Operator, MOS 93H/J
* 1995 - Aviation Operations Specialist, MOS 93P
* 1996 - UH-1 Helicopter Repairer Course, 67N
4. His record shows he was awarded the following MOSs:
a. MOS 93H (Air Traffic Control Tower Operator) Orders Number 10-6, issued by Headquarters, U.S. Army Aviation Center and Fort Rucker, AL, dated 15 March 1979.
b. MOS 93J (Air Traffic Control Radar Controller) Orders Number 10-6, issued by Headquarters, U.S. Army Aviation Center and Fort Rucker, dated
15 January 1981.
5. His record also shows he continuously performed duties in career management field (CMF) 93 positions from March 1973 until he retired.
6. On 31 January 1999, he retired after serving for a total of 23 years and 25 days.
7. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the KDSM, the Basic, Senior, or Master Aviation Badges.
8. Army Regulation 600-8-22 (Military Awards) states the KDSM is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
9. Army Regulation 600-8-22 authorizes permanent award of the Basic Aviation Badge to individuals upon successful completion of advanced individual training (AIT) in CMFs 67 (aircraft maintenance) and 93 (aviation operations) and to Soldiers who previously completed AIT in CMF 28 (aviation communications and electronic systems maintenance). Permanent award of the Basic Aviation Badge is also authorized for Soldiers holding MOS 93C or MOS 93P who graduated from AIT in CMF 93 after 31 December 1985.
10. Army Regulation 600-8-22 authorizes permanent award of the Senior Aviation Badge to individuals based upon 7 years of successful performance of flight status and after 10 years of non-flight experience in a principal duty assignment of the following CMF/MOS:
a. CMF 15 graduates.
b. CMF 67 graduates from 7 April 1983 through 30 September 2003.
c. MOS 68 graduates after 31 December 1985.
d. MOS 93, MOS 93C and MOS 93P 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.
e. MOS 71P graduates prior to 30 June 1984.
f. MOS 00Z from CMF 67 and 93 from 7 April 1983 through 30 September 1996, and CMF 15 after 30 September 2003.
11. Army Regulation 600-8-22 authorizes permanent award of the Master Aviation Badge to individuals based upon 15 years of successful performance of flight status and 17 years of non-flight status in the CMFs/MOSs listed above in paragraph 9.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant completed a qualifying period of service in the Republic of Korea from 8 October 1981 through 4 October 1984 for award of the KDSM. Therefore, he is entitled to have his DD Form 214 corrected to show the KDSM.
2. Evidence of record shows he served for a qualified period of service for award of the Basic, Senior, and Master Aviation Badges. Therefore, his record should be corrected to show award of the highest of the three badges, the Master Aviation Badge.
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 Master Aviation Badge and KDSM.
_______ _ 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) AR20100018188
2
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