IN THE CASE OF:	  

		BOARD DATE:	    7 May 2014

		DOCKET NUMBER:  AR20130013401 


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 correction of his records to show he was awarded the "Meritorious Service Award" (presumed to mean the Meritorious Service Medal (MSM)) and "Master Flight Wings" (presumed to mean the Master Aviation Badge, formerly known as the Master Aircraft Crew Member Badge).

2.  He states his records are in error due to a lack of leadership and racial issues in the last units to which he was assigned.

3.  He provides no additional evidence.

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 19 August 1975, the applicant enlisted in the Regular Army.  After completing initial entry training, he was awarded military occupational specialty (MOS) 75B (Personnel Administration Specialist).

3.  U.S. Army Transportation Center and Fort Eustis, Fort Eustis, VA, Orders 173-45, dated 5 September 1979, awarded him primary MOS 67U 
(CH-47 Helicopter Repairer) effective 11 September 1979.

4.  A review of his records show he served in duty MOS 67U from 17 September 1979 through his retirement date.

5.  On 31 August 1995, he retired after completing 20 years and 12 days of total active service.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) issued at that time shows he held MOS 67U for 16 years and 6 months.  This DD Form 214 does not show he was awarded the MSM; however, it does show the entry "Aircraft Crewman Badge."

6.  His records are void of documentation showing he was recommended for or awarded the MSM or Master Aviation Badge.

7.  His records are void of documentation showing he was serving on flight status.

8.  Army Regulation 600-8-22 (Military Awards) states the MSM is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

9.  Army Regulation 600-8-22 authorizes award of the Basic, Senior, and Master Aviation Badges.

	a.  The Senior Aviation Badge may be awarded to individuals based upon 7 years of successful performance of flight status.  Only time involving frequent and regular flights will be counted.  Individuals in career management field (CMF) 67 in a non-flight status may qualify for the Senior Aviation Badge with 10 years of experience.  All individuals must also meet the following criteria:

		(1)  displayed complete competence in the principal duty or duties performed leading to this award,

		(2)  attained the grade of E-4 or higher, and

		(3)  were recommended by the unit commander of the unit to which the individual is currently assigned.

	b.  The Master Aviation Badge may be awarded to individuals based upon 15 years of successful performance on flight status (only time involving frequent and regular flights will be counted) or 17 years of experience in CMF 67 if they meet the following criteria:

		(1) displayed complete competence in the principal duty or duties performed leading to this award,

		(2) attained the grade of E–6 or higher, and

		(3) were recommended by the unit commander and endorsed by the next higher commander of the unit to which presently assigned.

10.  Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

11.  The request, along with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence does not support the applicant's request for correction of his records to show he was awarded the MSM and Master Aviation Badge.

2.  He states he was not awarded the MSM or Master Aviation Badge due to a lack of leadership and racial issues.  While that may have been the case, there is no documentary evidence substantiating his statement.

3.  Award of the MSM requires a formal recommendation, approval through the chain of command, and announcement in orders.  While the applicant may believe that he should have been awarded the MSM, there is no documentary evidence indicating he was deprived of the award as a result of an error or injustice.  Therefore, there is no basis for correcting his records to show award of the MSM.

4.  While the available evidence is insufficient for awarding the applicant the MSM, this in no way affects his right to pursue his claim for the MSM by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

5.  The applicant did not serve in CMF 67 for the years required to qualify for award of the Master Aviation Badge for service in a non-flight status, and, unfortunately, the available records do not show the periods, if any, he served in a flight status.  He did, however, serve in CMF 67 for a sufficient amount of time to be eligible for award of the Senior Aviation Badge.  While there is insufficient evidence to confirm he met the criteria for award of the Master Aviation Badge, it would be appropriate to award him the Senior Aviation Badge and correct his DD Form 214 to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 Senior Aviation Badge,

	b.  deleting award of the Aircraft Crewman Badge from his final DD Form 214, and

	c.  adding award of the Senior Aviation Badge to his final DD Form 214.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the MSM and Master 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)                                         AR20130013401



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ABCMR Record of Proceedings (cont)                                         AR20130013401



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