IN THE CASE OF:
BOARD DATE: 1 March 2012
DOCKET NUMBER: AR20110015462
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 (Certificate of Release or Discharge from Active Duty) to show the Master Army Aviator Badge.
2. The applicant states the badge was accidentally left off of his DD Form 214.
3. The applicant provides:
* Orders 70-7, Headquarters, First U.S. Army, Fort George G. Meade, MD, dated 14 December 1982, awarding the Master Army Aviator Badge
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 is a retired Lieutenant Colonel, Aviation Branch. He retired with 20 years, 6 months, and 6 days of creditable active service on 30 April 1986.
3. The applicant's DD Form 214 shows his Army Aviator Badge, and his Senior Army Aviator Badge; however, it does not show his Master Army Aviator Badge which was awarded effective 15 December 1982. It also shows the Vietnam Service Medal.
4. The applicant's Official Military Personnel File contains a DA Form 2-1 (Personnel Qualification Record Part II). Although the applicant's records show he entered active service on 25 October 1965 and entered his tour of duty as a commissioned officer on 5 December 1966 his DA Form 2-1 only shows assignments from 21 January 1974 to 8 July 1983. However, it does show he served two tours in Vietnam from 25 February 1968 to 21 February 1969 and from 28 January 1971 to 13 January 1972.
5. Army Regulation 672-5-1 (Military Awards), then in effect, prescribed Department of the Army policy, criteria, and administrative instructions concerning individual military awards. Paragraph 5-15 established policy for Army Aviator Badges and established three badges:
* Army Aviator Badge
* Senior Army Aviator Badge
* Master Army Aviator Badge
6. The criteria for award of the Master Army Aviator Badge mandated that an individual must have 3000 hours in an aircraft or 15 years from the basic rating date.
7. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign. A silver service star is authorized in lieu of five bronze service stars. During his service in Vietnam, the applicant participated in a total of 7 campaigns.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the Master Army Aviator Badge on orders. This should be added to his DD Form 214.
2. Additionally, it is noted the applicant served two tours in Vietnam and is entitled to wear one silver service star and two bronze service stars on his already awarded Vietnam Service Medal.
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:
* deleting the Vietnam Service Medal from his DD Form 214
* adding the Master Army Aviator Badge and the Vietnam Service Medal with one silver service star and two bronze service stars to his DD Form 214
_______ _ _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) AR20110015462
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ABCMR Record of Proceedings (cont) AR20110015462
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