IN THE CASE OF:
BOARD DATE: 19 November 2013
DOCKET NUMBER: AR20130005341
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Basic Aviation Badge (formerly known as the Aircraft Crew Member Badge).
2. He stated the Army officially changed the name of the Aircraft Crew Member Badge to the Aviation Badge, retroactive to 1947, requiring updates to military records upon request of the Soldier. He further stated the change essentially made the aircrew wings a military occupational specialty (MOS) badge awarded to all aviation MOS's, including non-flying jobs, such as Aviation Operations and Air Traffic Controllers. His MOS was 93B (Air Traffic Control Operator).
3. He provides a copy of his 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 enlisted in the Regular Army on 10 January 1966. He completed training and he was awarded MOS 93B.
3. His record contains a DA Form 20 (Enlisted Qualification Record) that shows in:
a. item 22 (MOS) he was awarded MOS 93B on 30 July 1966;
b. item 27 (Military Education) he completed the 18-week Air Traffic Control course at the U.S. Air Force Technical School in MOS 93B in 1966;
c. in item 38 (Record of Assignments), he was assigned as an Air Traffic Controller in MOS 93B2O to the:
(1) 187th Aviation Company, 269th Combat Aviation Battalion in Vietnam from 10 March through 31 October 1967 and
(2) 125th Air Traffic Control Company from 1 November 1967 to 7 March 1968
d. item 41 (Awards and Decorations) the:
* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)\
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* two overseas service bars
4. On 23 December 1968, he was honorably released from active duty as an overseas returnee in the rank/grade as specialist five (SP5)/E-5. He completed 2 years, 11 months, and 14 days of total active duty service. His DD Form 214 shows in:
a. item 23a (Specialty Number and Title) the entry 93B2O Air Traffic Control Operator;
b. item 24 (Decorations, Medals, Badges, Commendations, Citation and Campaign Ribbons Awarded or Authorized) the:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* two overseas service bars
c. in item 25 (Education and Training Completed) the entry "USAF Tech Ft Rucker Ala Air Traffic Control."
5. Special Orders Number 147, issued by the U.S. Army Aviation Center Troop Brigade (Provisional), Fort Rucker, AL, dated 26 July 1966, shows he was awarded primary MOS 93B.
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). Permanent award of the Basic Aviation Badge is authorized for MOS 93B graduates from 7 April 1983 through 1 January 1998.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant completed training for award of MOS 93B and he held this MOS throughout his service, he is not eligible for the Basic Aviation Badge.
2. By regulation, permanent award of the Basic Aviation Badge was not authorized for MOS 93B graduates until 7 April 1983. He graduated from MOS 93B AIT in 1966.
3. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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 that 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) AR20120016763
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130005341
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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