IN THE CASE OF:	  

		BOARD DATE:	  6 December 2012

		DOCKET NUMBER:  AR20120009811 


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 the Basic Aviation Badge.

2.  The applicant states:

	a.  On 10 April 2012, it was brought to his attention that on 20 February 2012, the Deputy Chief for Military Operations changed the name of the Aircraft Crew Member Badge to the Basic Aviation Badge.  This change made career management field (CMF) 67 (Aircraft Maintenance) eligible for award of the Basic Aviation Badge retroactive to 1947.

	b.  He completed advanced individual training (AIT) for military occupational specialty (MOS) 68G (Aircraft Structural Repairer) and was trained in and awarded MOS 67C (Utility Airplane Repairman).

	c.  During the last year of his assignment he was a crew chief and crew member logging in an excess of 210 flight hours.  This exceeds the 48-hour requirement for award of the Basic Aviation Badge.  During this time he also received hazardous duty pay.

3.  The applicant provides:

* Special Orders (SO) Number 8, dated 31 January 1968
* SO Number 22, dated 2 February 1968
* DA Form 759-1 (Individual Flight Record and Flight Certificate – Army), dated October 1967-October 1968
* Page 109 of Army Regulation 600-8-22 (Military Awards)
* 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 was inducted into the Army of the United States on 3 November 1966.  He completed basic combat training and AIT and was awarded MOS 68G. 
The highest rank/grade he attained while serving on active duty was specialist five/E-5.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 22 (MOS) – he was awarded primary MOS 67C on 2 February 1968
* item 38 (Record of Assignments) – he served with the U.S. Army Arctic Test Center, Alaska, from 29 September 1967 to 19 October 1968
* item 41 (Awards and Decorations) – National Defense Service Medal, Army Good Conduct Medal (1st Award), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar

4.  SO Number 301, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Benning, GA, dated 21 December 1966, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) for qualifying as Sharpshooter with his weapon on 15 December 1966.

5.  On 16 November 1967, he underwent a class III flight physical at Fort Greely, AK.  He was found medically qualified for flying.


6.  The U.S. Army Arctic Test Center, AK, published the following SO:

* SO Number 22, dated 2 February 1968, awarding him primary MOS 67C and secondary MOS 68G
* SO Number 124, dated 5 August 1968, awarding him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

7.  He was honorably released from active duty on 19 October 1968.  His DD Form 214 shows he completed 1 year, 11 months, and 17 days of net active service of which 1 year and 21 days were credited as foreign service.  This form further shows he was serving in MOS 67C at the time of release from active duty and he was awarded or authorized the National Defense Service Medal, Army Good Conduct Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

8.  He provided SO Number 8 issued by Headquarters, U.S. Army Test and Evaluation Command, Aberdeen Proving Ground, MD, on 31 January 1968.  These orders show he was required to perform hazardous duty as a crew member in MOS 68G effective 16 January 1968 and to participate regularly and frequently in aerial flights in connection with his duties.

9.  He provided a DA Form 759-1 for the period October 1967 to October 1968 which lists his name and includes a record of his flight hours.  A breakdown of his flying hours is as follows:

Date
Flight Hours
October 1967
1.8
November 1967
13.5
December  1967
10.8
January 1968
24.1
February 1968
18.7
March 1968
13.8
April 1968
10.5
May 1968
30.7
June 1968
26.1
July 1968
27.3
August 1968
25.2
September 1968
9.4
Total 
211.9

10.  Army Regulation 600-8-22 (Military Awards) states:

	a.  Permanent award of the Basic Aviation Badge is authorized, in part, to individuals upon successful completion of AIT in CMF 67 and CMF 93 (Aviation Operations) and to Soldiers who previously completed AIT in CMF 28 (Aviation Communications and Electronic Systems Maintenance); Soldiers holding a 
68-series (Aircraft Components Repair) MOS; and Soldiers holding MOS's 35L, 35M, 35Q, and 35W who graduated from AIT in CMF 67 prior to 30 September 1996.  In all cases, successful completion of AIT or prior AIT is required.

	b.  An award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification. In the event a badge is authorized for firing a limited or sub-caliber course, it is automatically revoked if a record service course is subsequently fired.  If the bar, which is revoked automatically, is the only one authorized to be worn on the respective basic qualification badge, the award of the badge likewise is revoked automatically.  An award once revoked will not be reinstated.

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, 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant successfully completed and held an aviation MOS – initially 68G and later 67C – prior to 30 September 1996.  He had undergone a class III flight physical and was found fully qualified for flying duties.  It appears he met the criteria for award of the Basic Aviation Badge and should have his records corrected to show this badge.

2.  The evidence of record shows his DD Form 214 incorrectly listed the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) which was awarded in 1966.  The record shows he was awarded a subsequent award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) in 1968.  Therefore he is entitled to correction of his DD Form 214 to show the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

BOARD VOTE:

___x____  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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
* deleting the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) from his DD Form 214
* adding the Basic Aviation Badge and Expert Marksmanship Qualification Badge with Rifle Bar (M-14) 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)                                         AR20120009811



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ABCMR Record of Proceedings (cont)                                         AR20120009811



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