BOARD DATE: 7 May 2013
DOCKET NUMBER: AR20120016646
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 Army Aviation Badge (formerly known as the Aircraft Crew Member Badge).
2. The applicant states:
a. Army Regulation 600-8-22 (Military Awards) was revised after his retirement from active duty to authorize award of the Army Aviation Badge retroactive to 1 January 1947 for certain personnel.
b. He has reviewed and he meets the stated requirements for award of the Basic Aviation Badge based on completion of advanced individual training (AIT) per Army Regulation 600-8-22, paragraph 8-28b(5).
c. He held a 71P military occupational specialty (MOS) from 1975 through retirement in 1993 and he desires award of the appropriate level of the Army Aviation Badge.
d. He considers his years in Army Aviation to be his happiest ones and he appreciates the Board's consideration.
3. The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 30 April 1993, and DA Form 2-1 (Personnel Qualification Record Part II).
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. With prior enlisted service, the applicant enlisted in the Regular Army on 30 October 1974. In 1975, he completed AIT and was awarded MOS 71P2O. He remained on active duty through continuous reenlistments and extensions.
3. The applicant was retired for length of service on 30 April 1993. His DD Form 214 shows the following awards:
* Meritorious Service Medal with one Oak Leaf Cluster
* Army Commendation Medal with three Oak Leaf Clusters
* Army Achievement Medal
* Good Conduct Medal (Sixth Award)
* National Defense Service Medal with one bronze service star
* Vietnam Service Medal with three bronze service stars
* Multinational Force and Observers Medal
* Meritorious Unit Commendation
* Noncommissioned Officers Professional Development Ribbon with Numeral "3"
* Army Service Ribbon
* Overseas Service Ribbon with Numeral "2"
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal
* Joint Service Achievement Medal
4. Army Regulation 600-8-22 authorizes permanent award of the Basic Aviation Badge to individuals who successfully completed AIT in MOS 71P (Flight Operations Specialist) prior to 30 June 1984.
DISCUSSION AND CONCLUSIONS:
According to the applicable regulation, he is authorized the Basic Aviation Badge based on his successful completion of AIT and award of MOS 71P. His DD Form 214 should be amended to reflect this badge.
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:
a. awarding him the Basic Aviation Badge; and
b. adding Basic Aviation Badge to his DD Form 214 for the period ending
30 April 1993.
_______ _ 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) AR20120016646
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ABCMR Record of Proceedings (cont) AR20120016646
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