BOARD DATE: 20 November 2012
DOCKET NUMBER: AR20120009019
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 that he be awarded the Basic Aviation Badge.
2. The applicant states that his record is in error because he was not awarded the Basic Aviation Badge in accordance with Army Regulation 600-8-22 (Military Awards) which provides that the Basic Aviation Badge will be awarded to Soldiers completing advanced individual training (AIT) in military occupational specialty (MOS) 93P after 31 December 1985. He goes on to state that he completed 93P AIT on 5 December 1996.
3. The applicant provides a copy of his diploma for completion of the Aviation Operations Specialist Course (93P) on 5 December 1996 and a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 enlisted in the Regular Army on 13 August 1996 for a period of 4 years and training as an Aviation Operations Specialist. He completed his basic training at Fort Leonard Wood, Missouri and his AIT in MOS 93P as an Aviation Operations Specialist at Fort Rucker, Alabama on 5 December 1996 and was transferred to Fort Hood, Texas for his first duty assignment.
3. On 10 May 1998 he was transferred to Korea where he served until 13 April 1999 when he was transferred to Fort Campbell, Kentucky where he remained until he was honorably released from active duty (REFRAD) on 12 August 2000 due to completion of required service. He had served 4 years of active service and his DD Form 214 issued at the time of his REFRAD shows that the was awarded the Army Achievement Medal (2d award), Army Commendation Medal, Army Good Conduct Medal, Army Service Ribbon, and his marksmanship badges.
4. Army Regulation 600-8-22 authorizes permanent award of the Basic Aviation Badge to individuals upon successful completion of advanced individual training (AIT) in career management fields (CMFs) 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, in part, Soldiers holding MOS 93C or MOS 93P who graduated from AIT in CMF 93 after 31 December 1985. Successful completion of AIT or prior AIT is required.
5. Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he was eligible for award of the Basic Aviation Badge has been noted and found to have merit. The applicant met the criteria for award of the Basic Aviation Badge by successfully completing the 93P AIT on 5 December 1996.
2. Additionally, the applicant served during a qualifying period in Korea for award of the KDSM.
3. Accordingly, he should be awarded the Basic Aviation Badge and both awards should be added to his DD Form 214 at this time.
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 him the Basic Aviation Badge and adding the Basic Aviation Badge and the KDSM 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) AR20120009019
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