IN THE CASE OF:
BOARD DATE: 4 September 2012
DOCKET NUMBER: AR20120005073
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 Senior Army Aviator Badge and the Master Army Aviator Badge.
2. The applicant states upon attaining 1500 hours of flying time he should have been awarded the Senior Army Aviator Badge and upon attaining 3000 hours of flying time he should have been awarded the Master Army Aviator Badge. He believes he was not awarded the badges due to an oversight on the part of the flight records people.
3. The applicant provides a DA Form 759 (Individual Flight Record and Flight Certificate - Army).
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. Having had prior Reserve enlisted and warrant officer service, the applicant's records show he was appointed as a first lieutenant in the U.S. Army Reserve (USAR) on 1 May 1970 with concurrent call to active duty. He held military occupational specialty 1981 (Rotary Wing Aviation Unit Commander). He attained the rank of captain on 1 May 1971.
3. He served in Vietnam from:
* 22 August - 4 December 1970, assigned to the 330th Transportation Company
* 5 December 1970 - 3 July 1971, assigned to Headquarters, 1st Aviation Brigade
4. He was honorably released from active duty on 8 September 1973 and transferred to the USAR. He completed 3 years, 4 months, and 8 days of creditable active service during this period of service.
5. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued for this period of service shows, in pertinent part, the Army Aviator Badge.
6. His records contain a DA Form 759 for the period covering July - December 1972 and January - June 1973. Item 18 (Total Pilot Time) of this form shows he had a total of 3442 flying hours.
7. Item 44 (Flying Hours) of his DA Form 66B (Insert Sheet to DA Form 66 (Officer Qualification Record) shows he had a total of 3442 flying hours as of 30 June 1973.
8. Army Regulation 672-5-1 (Military Awards), in effect at the time, stated there were three degrees of the aviator badges authorized for award; the Basic Army Aviator Badge, Senior Army Aviator Badge, and the Master Army Aviator Badge. To be eligible for the badges an individual must have satisfactorily completed prescribed training and proficiency tests, must be medically qualified, and must have been designated as an aviator in orders. An officer must have 1500 flying hours in aircraft or 7 years from basic rating date for the Senior Aviator Badge and have 3000 hours in aircraft or 15 years from basic rating date for the Master Aviator Badge.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant had enough flying hours to qualify for award of the Senior Army Aviator Badge and the Master Army Aviator Badge. Although the specific dates he qualified for each badge cannot be determined, his DA Form 66B shows he had a total of 3442 flying hours as of 30 June 1973. Therefore, it would be appropriate to award him these badges effective 30 June 1973 and correct his DD Form 214 for the period ending 8 September 1973 to show the highest badge awarded.
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:
* Awarding the applicant the Senior Army Aviator Badge and the Master Army Aviator Badge, effective 30 June 1973
* Deleting from his DD Form 214 for the period ending 8 September 1973 the Army Aviator Badge
* Adding to his DD Form 214 for the period ending 8 September 1973 the Master Army Aviator 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) AR20120005073
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ABCMR Record of Proceedings (cont) AR20120005073
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