IN THE CASE OF:	  

		BOARD DATE:	  24 May 2011

		DOCKET NUMBER:  AR20100026446 


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 to be awarded the Senior Army Aviator Badge and that the correct number of Air Medals be entered on his DD Form 214 (Report of Separation from Active Duty).

2.  The applicant states that due to the inactivation of his unit in 1971, he was never awarded his Senior Army Aviator Badge and his Air Medals are not properly reflected on his DD Form 214.

3.  The applicant provides copies of his final DA Form 759 (Individual Flight Record and Flight Certificate) and his DD Form 214.

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 3 July 1958 and continued to serve until he was honorably discharged on 15 March 1967 upon completion of officer candidate school to accept a commission.

3.  He was commissioned as a U.S. Army Reserve (USAR) infantry second lieutenant on 16 March 1967 with concurrent call to active duty.  He completed the Officer Fixed-Wing Aviator Course at Fort Rucker, Alabama, on 23 April 1968 while serving in the rank of first lieutenant.

4.  He was transferred to Vietnam on 3 June 1968.  On 7 September 1968, General Orders Number 6179 issued by Headquarters, 1st Aviation Brigade, awarded him the Air Medal for the period 8 to 23 June 1968.

5.  He was promoted to the rank of captain on 16 March 1969.  On 11 May 1969, he was awarded the Air Medal with 1st through 15th Oak Leaf Cluster (OLC) for the period 3 July 1968 to 17 April 1969.

6.  He departed Vietnam on 1 June 1969 for assignment to Fort Rucker, Alabama, where he served as a flight instructor until he was transferred to Fort Huachuca, Arizona, to attend electronic warfare training.

7.  He was again transferred to Vietnam on 9 January 1971.  On 30 November 1971, General Orders Number 7352 awarded him the Air Medal with 17th through 20th OLC for the period 10 February to 8 November 1971.

8.  He departed Vietnam on 29 November 1971 and was transferred to Fort Benning, Georgia.  On 27 August 1973 while stationed at Fort Huachuca, he was honorably released from active duty due to a reduction in force.  He completed 6 years, 5 months, and 12 days of active service as a commissioned officer for a total of 14 years, 2 months, and 19 days of total active service.  He served 5 years, 4 months, and 4 days as an Army aviator.

9.  He again enlisted in the Regular Army on 21 December 1973 and served on active duty until he was retired by reason of length of service on 30 September 1979.  He was placed on the Retired List effective 1 October 1979, having completed 20 years and 16 days of active service.

10.  His DD Form 214 issued at the time of his retirement reflects that he was awarded the Air Medal (1st-15th Award) and the Army Aviator Badge.



11.  A review of his official records failed to show any orders awarding the applicant the Senior Army Aviator Badge and his records do not contain any of his flight records.

12.  The DA Form 759 provided by the applicant shows that as of 16 August 1973 the applicant had 2,089 hours of pilot time.

13.  Army Regulation 672-5-1 (Awards), in effect at the time, served as the authority for award of Army aviator badges in three categories consisting of the Army Aviator Badge, Senior Army Aviator Badge, and Master Army Aviator Badge.  It provides that an individual must have completed the prescribed requirements outlined in Army Regulation 600-105 (Aviation Service of Rated Army Officers) for award of Army aviator badges.

14.  Army Regulation 600-105 provides that the requirements to be rated as a Senior Army Aviator are:

* at least 7 years of rated aviation service of which 4 years must be as an Army aviator
* a rating of Army aviator with at least 1,000 hours of Department of Defense aviator flight time which must include flight time as pilot in command
* at least 84 months of Total Operational Flying Duty Credit (TOFDC) and be Class II medically qualified

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his awards of the Air Medal are not correctly reflected on his DD Form 214 has been noted and is found to have merit.  The applicant's records contain orders which show that he was awarded 20 OLC's (i.e., 21 awards) for his Air Medal.  Accordingly, his DD Form 214 should be corrected to show the award of the Air Medal (1-21st award).

2.  The applicant's contention that he should have been awarded the Senior Army Aviator Badge has been noted and appears to lack merit.  While the applicant had sufficient hours of flight time, he did not meet the requirement of having 7 years of rated aviation service.  Accordingly, there appears to be no basis to award him the Senior Army Aviator Badge at this time.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

* deleting the Air Medal (1-15th Award) from his DD Form 214
* adding the Air Medal (1-21st Award) to his DD Form 214

2.  The Board further determined 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 award of the Senior Army Aviator Badge.

3.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.



      ____________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)                                         AR20100026446



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100026446



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1