IN THE CASE OF:	  

		BOARD DATE:	  4 December 2012

		DOCKET NUMBER:  AR20120009534 


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 Army Aviation Badge.

2.  The applicant states that while assigned to the Army Arctic Test Board he was required to do flight operations on a variety of aircraft and served as a crew chief on one aircraft in addition to his many other duties.

3.  The applicant provides leave and earnings statements for a period of 5 months showing that he received flight crewman pay.

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 enlisted in the Regular Army on 3 June 1958 for a period of 3 years.  He completed his training as a light weapons infantryman and was transferred to Germany.  He was advanced to the pay grade of E-4 on 10 August 1959.

3.  On 29 September 1960, he was honorably discharged for the purpose of immediate reenlistment.  He reenlisted on 30 September 1960 for a period of      3 years and training as an aircraft engine repairman.  On 6 October 1960, he departed Germany for assignment to Fort Eustis, Virginia to undergo his training.

4.  He completed his training as an aircraft engine repairman and on 8 January 1962 he was assigned to the Army Arctic Test Board at Fort Greely, Alaska.  On 18 January 1963, he was placed on flying status as a crew member in connection with his assigned duties.

5.  He departed Alaska on 3 July 1963 and was transferred to Fort Lewis, Washington where he was honorably released from active duty as an overseas returnee on 8 July 1963.  He had served 5 years, 9 months, and 20 days of active service and was awarded the Good Conduct Medal and his marksmanship badges.

6.  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 (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:

	a.  Soldiers holding a 68 series (aircraft components repair) military occupational specialty (MOS) and Soldiers holding MOSs 35L, 35M, 35Q, and 35W who graduated from AIT in CMF 67 prior to 30 September 1996; 

	b.  Soldiers holding MOS 93C or MOS 93P who graduated from AIT in CMF 93 after 31 December 1985; 

	c.  Soldiers holding MOS 93B who graduated from AIT in CMF 93 prior to      1 January 1998; 

	d.  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; and 

	e.  In all cases, successful completion of AIT or prior AIT is required.

7.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided for temporary and permanent award of the Aircraft Crew Member Badge.  To be eligible for temporary award of the Aircraft Crew Member Badge an individual had to be on flying status in the case of crew chiefs, electronic sensor system operators, and flight engineers or as a non-crewmember in the case of observers, medical aidmen, gunners, aircraft maintenance supervisors, or technical inspectors.  Individuals were also required to be qualified based on a Class III physical examination and to hold a principal duty assignment as a crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector.  These personnel were authorized to wear the badge temporarily until relieved from those duties or they could be authorized permanent wear of the Aircraft Crew Member Badge once they fulfilled the regulatory requirements for permanent award of the badge. For permanent award of the Aircraft Crew Member Badge, an individual must have performed in one of the duties specified above for not less than 12 months (not necessarily consecutive) or must have been school trained for a principal duty specified above.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should be awarded the Basic Aviation Badge has been noted and appears to have merit.

2.  While the applicant did not qualify for award of the badge of the criteria in effect at the time because he did not perform aircraft crewman duties for a period of 1 year, the criteria in effect under today’s standards provides that the Basic Aviation Badge may be awarded retroactively to personnel who completed training in aircraft component repairs prior to 30 September 1996 were authorized to be awarded that badge.

3.  Accordingly, under today’s standards the applicant is authorized award of the Basic Aviation Badge and to have it added to his DD Form 214.

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 it 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)                                         AR20120009534





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ABCMR Record of Proceedings (cont)                                         AR20120009534



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