IN THE CASE OF:
BOARD DATE: 20 March 2014
DOCKET NUMBER: AR20130012324
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, the Aircraft Crew Member Badge (now known as the Basic Aviation Badge).
2. The applicant states he flew in various unit assigned helicopters, including the UH-19, CH-34, UH-1B, C, and D. He flew approximately 16 months and collected flight pay.
3. The applicant provides no additional evidence in support of his application.
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. On 13 October 1966, he was inducted into the Army of the United States. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 67A (Aircraft Maintenance Crewman).
3. He was assigned to the 4th Enlisted Student Company at Fort Rucker, AL from 5 January to 2 February 1967. He completed the course of instruction for Aircraft Maintenance Crewman and on 8 February 1967 he was awarded the MOS 67A.
4. On 25 March 1967, he was assigned the principal duty of crew chief with the 197th Aviation Company at Fort Benning, GA.
5. On 12 October 1968, he was released from active duty. The Aircraft Crew Member Badge is not shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 12 October 1968.
6. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided for temporary and permanent award of the Aircraft Crew Member Badge. Commanders of any unit with Army aircraft assigned could publish orders allowing qualified members of that command to wear the Aircraft Crew Member Badge. To be eligible for temporary award of the Aircraft Crew Member Badge an individual had to be on flying status in the case of crew chiefs, electronic sensor system operators, and flight engineers or as a non-crewmember in the case of observers, medical aidmen, gunners, aircraft maintenance supervisors, or technical inspectors. Individuals were also required to be qualified based on a Class III physical examination and to hold a principal duty assignment as a crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector. These personnel were authorized to wear the badge temporarily until relieved from those duties or they could be authorized permanent wear of the Aircraft Crew Member Badge once they fulfilled the regulatory requirements for permanent award of the badge.
7. For permanent award of the Aircraft Crew Member Badge, an individual must have performed in one of the duties specified above for not less than 12 months (not necessarily consecutive) or must have been school trained for a principal duty specified above.
DISCUSSION AND CONCLUSIONS:
The applicant was school trained for the principal duty as aircraft maintenance crewman. Therefore, he is entitled to permanent award of the Basic Aviation 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 effective 8 February 1967; and
b. amending his DD Form 214 with an effective date of 12 October 1968 by adding the Basic Aviation 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) AR20130012324
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ABCMR Record of Proceedings (cont) AR20130012324
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