IN THE CASE OF:
BOARD DATE: 8 August 2013
DOCKET NUMBER: AR20120022878
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 Senior Aviator Badge.
2. The applicant states, in effect, he completed over 1,000 flight hours; however, his flight hours were not certified by his Aviation Training Program commander prior to his expiration of term of service.
3. The applicant provides:
* Personnel 2408-12 List, dated 8 November 2007
* Individual Flight Hours by Maintenance Data System (MDS) and Month, dated 9 November 2007
* DA Form 759 (Individual Flight Record and Flight Certificate-Army), dated 9 November 2009
* DA Form 759, undated
* DD Form 214 (Certificate of Release or Discharge from Active Duty) Automated Worksheet
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 was appointed as a commissioned officer on 29 May 1999. He served as a rotary wing aviator, held area of concentration 15A (Aviation General), and attained the rank/grade of major.
3. His records contain Orders 301-1038 issued by Headquarters, U.S. Army Aviation Center and Fort Rucker, Fort Rucker, AL, dated 28 October 1999, awarding him entitlement to Aviation Career Incentive Pay effective 26 October 1999.
4. His records contain Orders 265-1014 issued by Headquarters, U.S. Army Aviation Center and Fort Rucker, Fort Rucker, AL, dated 21 September 2000, awarding him the Army Aviator Badge and aeronautical designation of Army aviator, effective 22 September 2000.
5. His records do not contain a DA Form 759 or any other evidence of record to show he completed a minimum of 1,000 flight hours. There is no record of orders awarding him the Senior Army Aviator Badge.
6. He was honorably released from active duty on 1 October 2009 for miscellaneous/general reasons. His DD Form 214 shows he completed 10 years, 4 months, and 3 days of net active service and was awarded the Army Aviator Badge.
7. He provided a document entitled "Personnel 2408-12 List," dated 8 November 2007, which appears to be a version of a DA Form 2408-12 (Army Aviator's Flight Record) wherein he indicates he completed 1,000.7 hours of military rotary wing flight hours and 1,028.1 total flight hours.
8. He provided a document entitled "Individual Flight Hours by MDS and Month, dated 9 November 2007, which covers a range of dates from February 2006 to September 2007 and indicates he completed a total of 101.5 flight hours in an OH-58D (Kiowa Warrior).
9. He provided an unauthenticated DA Form 759, dated 9 November 2007, which shows he completed a total of 979.1 military rotary-wing flight hours and 1,006.5 total flight hours between 1 April 2007 and 10 October 2007.
10. He also provided an undated/unauthenticated DA Form 759 which shows he completed a total of 898.8 military rotary-wing flight hours and 926.2 total flight hours between 1 April 2008 and 31 March 2009.
11. Army Regulation 600-8-22 (Military Awards), paragraph 8-17 (Army Aviator Badges), states there are three degrees of the aviator badges authorized for award: Basic Army Aviator Badge, Senior Army Aviator Badge, and Master Army Aviator Badge. U.S. personnel must have satisfactorily completed prescribed training and proficiency tests as outlined in Army Regulation 600-105 (Aviation Service of Rated Army Officers) and must have been designated as an aviator in orders issued by the U.S. Army Aviation Center. As a minimum, officers recommended for award of advanced aviator badges must have 1,000 flying hours in an aircraft and 7 years from basic rating date for the Senior Aviator Badge and have 2,000 hours in an aircraft and 15 years from basic rating date for the Master Aviator Badge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he should be awarded the Senior Army Aviator Badge because he exceeded 1,000 flight hours.
2. He provided two unofficial unauthenticated flight records and two unauthenticated DA Forms 759 as evidence that he met the criteria for award of the Senior Army Aviator Badge. However, lacking an authenticated DA Form 759 showing he completed the minimum 1,000 flight hours required for award of the Senior Army Aviator Badge, there is insufficient evidence to grant relief in this case.
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) AR20120022878
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ABCMR Record of Proceedings (cont) AR20120022878
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