IN THE CASE OF:
BOARD DATE: 18 February 2014
DOCKET NUMBER: AR20130009788
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 request, in effect, award of the Master Army Aviator Badge and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 August 1980 to show this badge.
2. The applicant states:
* he met the requirements for the Master Army Aviator Badge
* he was rated in helicopters and fixed-wing aircraft with an instrument rating
* flight record personnel should have prepared the appropriate paperwork to effect award of the badge
* the Army Safety Center was involved in a new concept of investigation at the time the paperwork should have been forwarded
* he and others were tasked with duties relative to the new concept while also accomplishing his assigned duty
* he was selected to serve full-time as an accident investigation team board president for centralized accident investigations and he served for 2 years
* the last thing he thought about during this period was award of a badge
3. The applicant provides:
* extract of Army Regulation 600-8-22 (Military Awards)
* DA Form 759 (Individual Flight Record Army Aviator)
* Special Orders Number 48 issued by Headquarters, U.S. Army Aviation School, Fort Rucker, AL, dated 17 March 1964
* Individual Flight Record and Flight Certificate, dated 18 July 1980
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 12 August 1960. On 21 September 1961, he was honorably discharged to accept a commission as a Reserve second lieutenant with concurrent call to active duty on the next day.
3. Special Orders Number 28 issued by Headquarters, 4th Brigade, Fort Ord, CA, dated 6 April 1963, awarded the applicant the Expert Infantryman Badge.
4. Special Orders Number 48, dated 17 March 1964, show he was awarded the aeronautical designation Army Aviator and the Army Aviator Badge effective 17 April 1964.
5. Special Orders Number 248 issued by Headquarters, 1st U.S. Army, Fort Meade, MD, dated 5 October 1973, awarded the applicant the Senior Army Aviator designation and the Senior Army Aviator Badge effective 18 April 1971.
6. The applicant's DA Form 759 for the period July 1975 through February 1976 contained in his records shows he had a total of 2,126 flying hours as a fixed-wing and rotary-wing pilot as follows:
* instructor pilot 25 hours
* pilot 1,812 hours
* co-pilot 289 hours
7. He was promoted to lieutenant colonel on 1 January 1978.
8. His Individual Flight Record and Flight Certificate Army, dated 18 July 1980, shows he accrued a total of 2,285.1 flying hours.
9. On 31 August 1980, he was honorably retired. His DD Form 214 does not show award of the Master Army Aviator Badge or Expert Infantryman Badge.
10. Army Regulation 600-8-22 provides that there are three degrees of the aviator badges authorized for award. To be eligible, an aviator 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.
11. Army Regulation 600-105 provides that the requirements to be rated as a Master Army Aviator are:
* have at least 15 years of rated aviation service (of which 12 years must be as an Army Aviator)
* hold a rating of senior Army aviator with at least 2,000 hours of Department of Defense aviator flight time which must include flight time as a pilot in command
* have at least 120 months of total operational flying duty credit
* be Class II medically qualified
DISCUSSION AND CONCLUSIONS:
1. Special orders awarded the applicant the Expert Infantryman Badge; therefore, he is entitled to correction of his DD Form 214 for the period ending 31 August 1980 to show award of this badge.
2. The evidence of record shows the applicant was fully qualified for award of the Master Army Aviator Badge; therefore, it would be appropriate to award him this badge and to correct his DD Form 214 for the period ending 31 August 1980 to show award of the Master Army Aviator Badge.
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:
a. awarding him the Master Army Aviator Badge effective 17 April 1979 and
b. adding the following awards to his DD Form 214 for the period ending 31 August 1980:
* Master Army Aviator Badge
* Expert Infantryman Badge
_______ _ 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) AR20130009788
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