IN THE CASE OF:	

		BOARD DATE:	  11 October 2012

		DOCKET NUMBER:  AR20120006642 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show:

* award of the Aviation Badge vice the Aircraft Crewman Badge
* an aviation occupational specialty vice military intelligence

2.  The applicant states the Department of the Army renamed the Aircraft Crewman Badge as the Aviation Badge and the change is retroactive to 1947.

3.  The applicant provides:

* Special Orders (SO) Number 117
* DA Form 20 (Enlisted Qualification Record)
* 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's records show he enlisted in the Regular Army for 3 years on 25 September 1967.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 96D (Image Interpreter).

3.  On 24 May 1968, Headquarters, U.S. Army Intelligence School, Fort Holabird, MD, published SO Number 109 promoting him to specialist four/E-4 in MOS 96D.

4.  He served in Vietnam from 25 June 1968 to 25 June 1969 in MOS 96D while assigned to the 518th Military Intelligence Battalion.

5.  On 12 July 1968 while in Vietnam, Headquarters, 3d Brigade, 82d Airborne Division, published SO Number 117, assigning him to non-crewmember/non-aviator duty in MOS 96D effective 8 July 1968.

6.  On 25 December 1968 also while in Vietnam, Headquarters, 3d Brigade, 82d Airborne Division, published SO Number 283 appointing him to the temporary rank/grade of specialist five/E-5 in MOS 96D.

7.  Subsequent to completion of his Vietnam service he was assigned to Fort Carson, CO, and to Fort Hood, TX, in MOS 96D.

8.  He was honorably released from active duty on 26 June 1970.  His DD Form 214 shows he completed 2 years, 9 months, and 2 days of creditable active service.  This form also shows in:

* item 23a (Specialty Number and Title) – "96D2O Image Interpreter"
* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) –

* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal
* Army Commendation Medal with Oak Leaf Cluster
* National Defense Service Medal
* Aircraft Crewman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar


9.  His DA Form 20 shows in:

* item 22 (MOS) – 96D, Image Interpreter, 24 May 1968
* item 27 (Military Education) – 96D, Image Interpreter, U.S. Army intelligence School, 13 weeks, 1968
* item 28 (Specialized Training) – no evidence of aviation training
* item 30 (Record of Assignments) – entries related to his assignments in MOS 96D – no entries for service in an aviation MOS

10.  Army Regulation 600-8-22 (Military Awards) authorizes permanent award of the Basic Aviation Badge to individuals upon successful completion of advanced individual training (AIT) in career management fields (CMF) 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 a 68 series (aircraft components repair) MOS; Soldiers holding MOS's 35L, 35M, 35Q, and 35W who graduated from AIT in CMF 67 prior to 30 September 1996; Soldiers holding MOS 93C or MOS 93P who graduated from AIT in CMF 93 after 31 December 1985; Soldiers holding MOS 93B who graduated from AIT in CMF 93 prior to 1 January 1998; and Soldiers previously holding MOS 93D who graduated from a CMF 93 AIT prior to 30 September 1996 based on documented AIT after 31 December 1985.  In all cases, successful completion of AIT or prior AIT is required.

11.  Military Personnel Message Number 00-138, dated 10 April 2000, changed the name of the Aircraft Crew Member Badge (formerly Aircraft Crewman Badge) to the Aviation Badge and changed the criteria for award of the Basic, Senior, and Master Aviation Badges.  The Basic Aviation Badge may be permanently awarded based on several different criteria.  For permanent award of the Basic Aviation Badge, an individual must be on flying status in accordance with Army Regulation 600-106 (Flying Status for Nonrated Army Aviation Personnel) or be granted a waiver by the U.S. Army Human Resources Command (formerly U.S. Total Army Personnel Command), be on flying status (qualified by a class III flight physical), have performed in-flight 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.

12.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training.  During the Vietnam War, item 21 of the DD Form 214 showed the specialty number and title at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was trained in and served in a military intelligence MOS.  He was never formally trained in, worked in, or awarded an aviation MOS.  His DD Form 214 correctly lists his MOS as 96D.

2.  The applicant was awarded the Aircraft Crewman Badge; this was the correct name of the badge at the time.  If he had not been awarded this badge but qualified for it, the Board would have awarded it to him under current standards.  However, this is not the case.  There is no reason to change it now as there is neither an error nor an injustice in its listing on his DD Form 214.

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 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)                                         AR20120006642



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ABCMR Record of Proceedings (cont)                                         AR20120006642



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