IN THE CASE OF:	   

		BOARD DATE:	  24 January 2012

		DOCKET NUMBER:  AR20110014328 


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 Army Aviation 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 he was trained as an aerial observer and received the Air Medal for participating in more than 25 aerial missions over hostile territory from 24 September through 11 November 1968.

3.  The applicant provides his DD Form 214, honorable discharge certificate, and Air Medal orders and citation.

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 was inducted into the Army of the United States on 8 November 1967.  He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 27 April 1968 through 29 April 1969.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to the 3rd Brigade, 4th Infantry Regiment, performing duties in MOS 11B as an automatic rifleman.  His record is void of orders or other documents indicating he was ever awarded or served in an MOS in the aviation career field.

4.  On 7 November 1969, the applicant was honorably released from active duty, in the rank/grade of sergeant (SGT)/E-5, after completing 2 years of active service.  The DD Form 214 he was issued shows in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:

* Vietnam Service Medal with 2 bronze service stars
* National Defense Service Medal
* RVN Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Air Medal
* Bronze Star Medal with “V” (Valor) Device
* Army Commendation Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Army Good Conduct Medal

5.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  Paragraph 8-28 contains guidance on award of the Basic Aviation Badge.  It states:

	a.  For award of this badge, an individual must be on flying status or be granted waiver; 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.

	b.  An officer on flying status as an aerial observer may be awarded the Basic Aviation Badge.  U.S. Army personnel assigned to a Joint Service Airborne Command Post and serving as members of an operational team on flying status manning the Airborne Command Post are eligible for the award of the Basic 


Aviation Badge.  Concurrent with such assignment, these personnel are authorized temporary wear of the Basic Aviation Badge until relieved from such duty or until such time as he or she fulfills the mandatory requirements for permanent award.

	c.  An individual on flying status and serving in a valid non-rated aviation flight position as coded in The Army Authorization Documents System (TAADS) who has been incapacitated for further flight duty by reason of being wounded as a result of enemy action, or injured as the result of an aircraft accident for which he or she was not personally responsible, or has participated in at least 15 combat missions under probable exposure to enemy fire while performing crewmember or noncrewmember flying duties is permanently authorized to wear the Basic Aviation Badge.  The Basic Aviation Badge may be awarded to Soldiers upon successful completion of formal advanced individual training (AIT) in one of the following Career Management Fields or MOSs listed below:

		(1)  CMF 15 graduates;

		(2)  CMF 67 graduates from 7 April 1983 through 30 September 2003;

		(3)  MOS 68 graduates after 31 December 1985;

		(4)  MOS 93; 93C and 93P graduates who graduated from a CMF 67 AIT after 31 December 1985 (with a documented AIT Diploma); 93B graduates from 
7 April 1983 through 1 January 1998; 93D graduates from 7 April
1983 through 30 September 1996; or

		(5)  MOS 71P graduates prior to 30 June 1984 CMF 67 AIT prior to
30 September 1996. 

	d.  Individuals who meet the criteria for award of the Army Astronaut Device and are not authorized an Aviator, Flight Surgeon, or Aviation Badge will be awarded the Aviation Badge in addition to the Army Astronaut Device.

	e.  The Basic Aviation Badge will be awarded to Soldiers upon successful completion of formal AIT in CMF 93 MOSs.  Soldiers previously holding MOS 93B who graduated from a CMF 93 AIT prior to 1 January 1998 and Soldiers
previously holding MOS 93D who graduated from a CMF 93 AIT prior to 
30 September 1996, to include MOS 71P who graduated from AIT prior to 
30 June 1984, are authorized the badge based on documented AIT after 7 April 1983.



DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for award of the Army Aviation Badge has been carefully considered.  However, there is insufficient evidence to support this claim.

2.  The evidence of record confirms the applicant was serving in an authorized infantry position during his assignment tenure in the RVN and at the time he was awarded the Air Medal.  There is no evidence suggesting he was ever in an authorized flight status position or that he ever held or served in an aviation MOS.  As a result, the regulatory criteria necessary to support award of the Basic Aviation Badge has not been satisfied in this case.

3.  The applicant and all others concerned should know this action in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

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)                                         AR20110014328



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ABCMR Record of Proceedings (cont)                                         AR20110014328



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