IN THE CASE OF:    

		BOARD DATE:  12 March 2015	  

		DOCKET NUMBER:  AR20140012831 


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, to change his official military personnel file (OMPF) to show his rank in the U.S. Army Reserve as either a first lieutenant (1LT) or captain (CPT).  He also requests reconsideration of his earlier request for the correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 24 December 1964 to show the Senior Army Aviator Badge.

2.  The applicant states, in effect:

	a.  Regarding the changing of his rank to either 1LT or CPT:

* he was recommended for a direct commission as a 1LT 
* two issues came up, the first being a major crisis at home and secondly he had not yet completed his bachelor's degree
* he has since gotten his bachelor's, master's, and his doctor of philosophy in psychology
* he requests his commission in the medical corps as he has spent most of his professional career with the Martin Army Community Hospital (MACH) and in private practice
* he has been recognized for his contributions to the Army Substance Abuse Program
* he established the first Joint Commission on Accreditation of Healthcare Organizations Program for the Army and traveled worldwide helping other programs
* he was a preceptor (practicing physician who gives personal instruction to medical students) for the Family Practice Residency program at MACH
* his civil service grade was GM-13

	b.  As to his Senior Army Aviator Badge, he believes he meets the qualification requirements.

3.  The applicant provides:

* correspondence regarding his direct appointment as a commissioned officer in the U.S. Army Reserve
* DD Form 214
* letter of appreciation with corresponding indorsements
* college transcripts
* letter regarding a student loan
* three diplomas showing a bachelor of arts, a doctor of philosophy, and the successful completion of a postgraduate course
* recommendation for work as a provider with Choice Behavioral Health Partnership
* DA Form 1256 (Incentive Award Nomination and Approval) showing an award of a step increase for a Federal government civilian position
* two DA Forms 7222 (Senior System Civilian Evaluation Report)
* Curriculum Vitae
* article from the American Psychological Association Monitor (monthly magazine)
* Department of the Army award certificate for the Superior Civilian Service Award
* Department of the Army award certificate for the Meritorious Civilian Service Award
* Special Orders Number 32, dated 11 February 1963, issued by Headquarters, Department of the Army containing multiple entries and with paragraph 118, TC 220, showing the applicant receiving an additional fiscal year move authorization
* DA Form 759 (Individual Flight Record - Army Aviator)
* citation for the Air Medal
* letter dated 10 April 1962, subject:  Instrument Instructor Pilot Orders
* letter dated 7 February 1963, subject:  Instrument Flight Qualification
* Annex A, Record Orientation Training
* Special Orders (SO) Number 184, dated 26 September 1961, issued by Headquarters, Lawson Army Aviation Command, showing the applicant was appointed as a Flight Test Officer
* Unit Orders (UO) Number 10, dated 18 April 1962, issued by the 90th Transportation Company, showing the applicant was authorized to transport passengers in a H-37B Helicopter
* UO Number 20, dated 19 July 1962, issued by the 90th Transportation Company, showing the applicant was appointed as an Instrument Instructor Pilot
* UO Number 55, dated 14 November 1962, issued by the 54th Transportation Company, showing the applicant was authorized to transport passengers in a H-37 Helicopter
* travel orders
* letter from Troy State University verifying graduate courses taught by the applicant
* letter of appreciation
* certificate of achievement
* professional clinical certification
* National Association of Addiction and Drug Abuse Counselors Certification
* DA Form 977 (Army of the United States Retired Reserve Certificate)

CONSIDERATION OF EVIDENCE:

1.  Regarding the applicant's request for a change of rank, 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.  As to the applicant's request to reconsider the amendment his DD Form 214 to show the Senior Army Aviator Badge, incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20070017262, on 24 April 2008.

3.  The applicant submitted an initial application to add awards to his DD Form 214 for the period ending 24 December 1964.  His request was partially granted, but that part of the application which pertained to the award of the Senior Army Aviator Badge was denied.  The applicant submits new evidence which was not previously considered by the Board.  In light of this evidence, and as an exception to policy, this issue warrants reconsideration by the Board.

4.  Having had prior enlisted service, the applicant was appointed as a Reserve warrant officer and Army aviator on 16 January 1959.  He served continuously as an aviation warrant officer until he was honorably released from active duty on 24 December 1964.  The highest rank/grade held while on active duty was chief warrant officer two (CW2).

5.  His DA Form 66B (Insert to DA Form 66 (Officer Qualification Record)) shows in:

* item 44 (Flying Hours), an entry dated 30 June 1964 stating he had a total of 1,622 flying hours
* item 46 (Flying Status and Ground Assignment), he had an unrestricted flying status as of 12 January 1959

6.  His records contain documents which show he was recommended for a direct commission.  On 18 June 1964, his application was disapproved on the basis that his relative standing compared with others submitting applications was not sufficiently high to permit appointment in the United States Army Reserve as a commissioned officer [in the] Transportation Corps, Infantry Corps, or Artillery Corps."

7.  His DD Form 214 for the period ending 24 December 1964, as amended by a DD Form 215 (Correction of DD Form 214), shows total creditable active service as 10 years, 1 month, and 27 days.  The reason for his release is shown as a voluntary request in accordance with Army Regulation 135-173 (Reserve Components - Relief of Officers and Warrant Officers from Active Duty).  He was released to the USAR Control Group (Reinforcement).  He was awarded or authorized:

* Air Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Army Aviator Badge
* Air Assault Badge
* Expert Infantryman Badge
* Expert Marksmanship Qualification Badge with Pistol Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

8.  On 23 January 1968, the applicant was notified by letter, issued by the Office of the Adjutant General, that he had been promoted to chief warrant officer three (CW3) with an effective date of 16 January 1968.

9.  On 29 February 1968, the applicant was informed by a letter from the Office of the Adjutant General, subject:  Training of Non-Unit USAR Aviators, that, as a member of the Individual Ready Reserve (formerly known as the Ready Reserve Mobilization Reinforcement Pool) he was required to either be assigned or attached to a unit for training purposes.  Failure to do so would result in suspension from the USAR aviation program.  His record copy of this letter shows a handwritten note stating "no reply - suspension orders published 19 April 1968."

10.  On 19 April 1968, the applicant was notified by a letter from the Office of the Adjutant General, subject:  Suspension from Flying Status, that he was indefinitely suspended from flying status.

11.  On 24 April 1968, the applicant was notified by a letter from the Office of the Adjutant General, subject:  Removal from Active Status of the U.S. Army Reserve, that he had failed to accrue the minimum of 27 retirement points each retirement year.  He was given optional responses and he chose to be transferred to the Inactive Status List of Standby Reserve.  He added a note which essentially said he was having difficulty finding a unit with a vacancy for his military occupational specialty.

12.  On 12 June 1968, the applicant was notified by a letter from the Office of the Adjutant General, subject:  Removal from the U.S. Army Reserve, that he was being mandatorily removed and was given options which included being discharged from the USAR or being transferred to the Retired Reserve.  The applicant chose to be transferred to the Retired Reserve.

13.  On 2 July 1968, the applicant was transferred to the Retired Reserve in the rank/grade of CW3/W-3.

14.  Army Regulation 672-5-1 (Military Awards), in effect at the time, states eligibility requirements for the award of the Senior Army Aviator Badge includes satisfactory completion of prescribed training and proficiency tests as outlined in Army Regulation 600-106 (Personnel - General - Aeronautical Designations and Flying Status for Army Personnel).

15.  Army Regulation 600-106, in effect at the time, prescribes procedures for the award of aeronautical designations and the administration of flying status orders for Army personnel.  Regarding the award of the Senior Army Aviator Badge it shows the following requirements:

* be an Army aviator in flying status
* have been an aviator in the military service of the United States for a minimum of 7 years (emphasis added)
* have a minimum of 1,500 hours flying time as a student pilot, first pilot, copilot, and/or instructor pilot in civilian and/or military aircraft
* hold a current standard or higher instrument certificate

16.  Title 10, U.S. Code, section 12203, states appointments of reserve officers in commissioned grades of lieutenant colonel or below shall be made by the President of the United States alone.

DISCUSSION AND CONCLUSIONS:

1.  As to the applicant's request for reconsideration of his earlier application regarding award of the Senior Army Aviator Badge, the evidence he provides, and that which is available in his record, supports his contention that he meets the criteria for award of the Senior Army Aviator Badge.  His record shows he was in a flying status from 12 January 1959 until removed on 19 April 1968, a period of more than 9 years.  His record shows he had 1,622 flying hours and that he held standard instrument certificates.  As such, it would be appropriate to award him the Senior Army Aviator Badge upon completion of 7 years as an aviator in the military service (12 January 1966).  However, due to the aforementioned date being subsequent to the active duty covered by his DD Form 214 for the period ending 24 December 1964 there is no regulatory provision for adding this badge to this DD Form 214.

2.  Regarding his request to be appointed in the USAR as a commissioned officer in the rank of either first lieutenant or captain, the appointment of reserve commissioned officers rests with the President of the United States alone.  Such appointments are not within the purview of the Board and the relief requested by the applicant is unable to be granted.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X___ GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  As to the reconsidered issue concerning the award of the Senior Army Aviator Badge, the Board has determined the evidence presented is sufficient to grant partial relief by amending the decision of the ABCMR set forth in Docket Number AR20070017262, dated 24 April 2008, by awarding him the Senior Army Aviator Badge effective 12 January 1966.

2.  The Board further determined that 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:

	a.  amending his DD Form 214 for the period ending 24 December 1964 to show award of the Senior Army Aviator Badge and 

	b.  correcting his OMPF to show he was appointed as a Reserve commissioned officer in the rank of either first lieutenant or captain.




      _______ _   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)                                         AR20140012831





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ABCMR Record of Proceedings (cont)                                         AR20140012831



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