BOARD DATE:	  12 May 2015

		DOCKET NUMBER:  AR20140016530 


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 award of the Basic Aviation Badge and Army Good Conduct Medal.  He also requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show these awards.

2.  The applicant states it is not his intention to receive these awards unless he is entitled to them.  

	a.  The Aviation Badge is awarded to Soldiers upon completion of formal advanced individual training (AIT) to include Soldiers who graduated from 68 series military occupational specialties (MOS), retroactive to 1 January 1947.  He was proud to serve in an aviation MOS.  He remembers other Soldiers in aviation maintenance specialties receiving this badge even though they did not fly.  There was no distinctive qualification badge to reflect one of the lengthy aviation AIT (14-week) courses.  He is happy this distinction was amended in 2000.  He continues to serve in civilian aviation as an airline transport pilot.  His experience in the Army was the primary motivation for this career choice. 

	b.  The Army Good Conduct Medal may be awarded to Soldiers upon termination of active service on or after 27 June 1950 of less than 3 years but more than one year.  He has attached several certificates confirming his character, loyalty, and commitment to the Army.  He believes this award may have been overlooked.  



3.  The applicant provides:

* DD Form 214 
* AIT Diploma
* Certificate of Achievement
* Certificate of Commendation 
* Certificate of Appreciation 
* Certificate awarding the Army Achievement Medal
* Honorable Discharge Certificate
* Extract of Title 32, Code of Federal Regulations, Chapter V
* Previous cases:  Docket Number AR20090006322, dated 1 October 2009, and AR2000120009811, dated 6 December 2012 

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's records show he enlisted in the Regular Army on 5 October 1982.  His DA Form 2-1 (Personnel Qualification Record) shows in item 17 (Civilian Education and Military Schools) he completed training at Fort Eustis, VA as follows: 

* the 12-week Aircraft Power Plant Repairer Course (MOS 68B) in 1983
* the 14-week Aircraft Structural Repairer Course (MOS 68G) in 1983

3.  On 12 May 1983, following completion of the Aircraft Structural Repairer Course, he was awarded MOS 68G.  

4.  In June 1983, he was reassigned to 2nd Battalion, 10th Air Cavalry Regiment, 7th Infantry Division, Fort Ord, CA.  While there, he received multiple certificates of commendation and/or appreciation. 

5.  On 17 September 1984, he submitted a request for a hardship discharge.  His chain of command recommended approval and the separation authority approved his request. 

6.  On 12 October 1984, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligations in the rank/grade of private first class (PFC)/E-3.  

7.  His DD Form 214 shows he completed 2 years and 8 days of active service.  It also shows he was awarded or authorized the Army Service Ribbon, Army Achievement Medal, and Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 

8.  His records do not contain orders awarding him the Army Good Conduct Medal.  His records also do not reflect any derogatory information in the form of nonjudicial punishment, lost time, or a court-martial conviction that could have disqualified him from receiving this award.  

9.  Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  Any one of the following periods of continuous enlisted active Federal military service qualifies for the award:

* Each 3 years completed on or after 27 August 1940
* For first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946
* For first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year
* For first award only, upon termination of service, on or after 27 June 1950, of less than 1 year when final separation was by reason of physical disability incurred in line of duty
* For first award only, for those individuals who died before completing 
1 year of active Federal service if the death occurred in the line of duty

10.  The applicant provides: 

	a.  ABCMR Docket Number AR20120009811, dated 6 December 2012.  In that case, an individual requested correction of his DD Form to show the Basic Aviation Badge.  He completed AIT in MOS 68G and was trained in and awarded MOS 67C (Utility Airplane Repairman).  He contended during the last year of his assignment he was a crew chief and crewmember logging in an excess of 210 flight hours.  This exceeds the 48-hour requirement for award of the Basic Aviation Badge.  During this time he also received hazardous duty pay. The Board determined there was sufficient evidence available to show this individual successfully completed and held an aviation MOS – initially MOS 68G and later MOS 67C – prior to 30 September 1996.  He had undergone a class III flight physical and was found fully qualified for flying duties.  It appeared he met the criteria for award of the Basic Aviation Badge and his records were corrected to show this badge.

	b.  ABCMR Docket Number AR20090006322, dated 1 October 2009.  In that case, an individual requested, in effect, award of the Basic Aviation Badge.  He stated he completed an on the job training course and was assigned to an aviation position from early 1990 until February 1991.  The Board determined there was insufficient evidence to support this claim.  By regulation, in order to support award of the Basic Aviation Badge, the member must be on flying status or be granted a waiver by the U.S. Army Human Resources Command (HRC); the member must have performed crewmember or non-crewmember flying duties for not less than 12 months or logging not less than 48 flight hours (whichever comes first), or be school trained.  There are no regulatory provisions for awarding the badge based on completion of an extension course.   His record failed to show he served in an MOS 68G position and/or was on flight status during his tenure of assignment in the Army National Guard or that he ever completed a formal in-house 68G AIT course.  As a result, the regulatory criteria necessary to support award of this badge had not been satisfied in this case.  

11.  Army Regulation 672-5-1 (Awards), in effect at the time, provided for temporary and permanent award of the Aircraft Crew Member Badge.  The regulation authorized the commander of any unit with Army aircraft assigned to publish orders allowing qualified members of that command to wear the Aircraft Crew Member Badge.

	a.  To be eligible for temporary award of this badge an individual had to be on flying status as a crew chief 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.  The regulation also required individuals 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 are authorized to wear the badge temporarily until relieved from these duties or they may be authorized permanent wear of the Aircraft Crew Member Badge once they have fulfilled the regulatory requirements for permanent award of the badge.
	b.  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.  Personnel who are precluded by incapacitation from further flight duty due to wounds sustained as a result of hostile action or injuries resulting from an aircraft accident for which they are not personally responsible are entitled to permanent wear of the Aircraft Crew Member Badge.  Further, an individual who has participated in at least 15 combat missions under probable exposure to enemy fire while serving in the principal duty of crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector is entitled to permanent award of the Aircraft Crew Member Badge.

12.  Military Personnel Message Number 00-138 (date/time group 101221Z April 2000) changed the name of the Aircraft Crew Member Badge to the Aviation Badge and changed the criteria for award of the Basic, Senior, and Master Aviation Badges.  The Basic Aviation Badge may be permanently awarded based on several criteria.  For permanent award of the Basic Aviation Badge, an individual must be on flying status in accordance with Army Regulation 600-106 or be granted a waiver by HRC; be on flying status (qualified by a Class III flight physical); must have performed in-flight duties for not less than 12 months (not necessarily consecutive) or by logging not less than 48 flight hours (whichever comes first); or be school trained.

13.  Army Regulation 600-8-22 (Military Awards) states the eligibility criteria for the Aviation Badge is as follows: 

	a.  For award of this badge, an individual must be on flying status in accordance with Army Regulation 600–106 or be granted a waiver by HRC (AHRC–PLP–I); be on flying status (physically qualified-class III); have performed crewmember or non-crewmember flying duties for not less than 12 months (not necessarily consecutive), or by logging not less than 48 flight hours (whichever comes first), or be school trained.

	b.  The Basic Aviation Badge may be awarded to Soldiers upon successful completion of formal AIT in one of the following Career Management Fields (CMF) or MOS' listed below:

		(1)  CMF 15 graduates.

		(2)  CMF 67 graduates from 7 April 1983 through 30 September 2003.

		(3)  MOS 68 graduates after 31 December 1985. 

		(4)  MOS 93: 93C and 93P graduates who graduated from a CMF 67 AIT after 31 December 1985 (with a documented AIT Diploma); 93B graduates from 7 April 1983 through 1 January 1998; 93D graduates from 7 April 1983 through 30 September 1996.

		(5)  MOS 71P graduates prior to 30 June 1984. 

		(6)  MOS 35: Soldiers holding MOSs 35L, 35Q, and 35W who graduated from a CMF 67 AIT prior to 30 September 1996.

	c.  The Basic Aviation Badge will be awarded to Soldiers upon successful completion of formal AIT in CMF 93 MOS’s.  Soldiers previously holding MOS 93B who graduated from CMF 93 AIT prior to 1 January 1998 and Soldiers previously holding MOS 93D who graduated from CMF 93 AIT prior to 30 September 1996, to include MOS 71P who graduated from AIT prior to 30 June 1984, are authorized the badge based on documented AIT after 7 April 1983.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served honorably on active duty in the Regular Army from 5 October 1982 through 12 October 1984.  He completed 2 years and 8 days of creditable active service and he attained the rank/grade of PFC/E-3.  In the absence of any derogatory information on file that would have disqualified him, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of active Army service and correct his DD Form 214 to show this award.

2.  There is insufficient evidence to award the applicant the Aviation Badge: 

	a.  Although he was school trained in 1983 and was awarded MOS 68G, the Basic Aviation Badge may be awarded to Soldiers upon successful completion of formal AIT in MOS 68G after 31 December 1985.  The applicant completed this training before 31 December 1985. 

	b.  Before the name and criteria changed, in order to be permanently awarded this badge he would have had to hold the principal duty assignment as a crew chief in the case of crew chief, electronic sensor system operator, flight engineer, or as a non-crewmember in the case of observer, medical aidman, gunner, aircraft maintenance supervisor, or technical inspector, had to be on flying status for 12 months, and required to have been qualified based on a Class III physical examination.  He has not met the requirements for this badge.  
	c.  Unlike the applicant, the individual in ABCMR Docket Number AR20120009811, dated 6 December 2012, contended during the last year of his assignment he was a crew chief and crewmember logging in an excess of 210 flight hours which exceeded the 48-hour requirement for award of the Basic Aviation Badge. The Board determined there was evidence of record to show this individual successfully completed and held an aviation MOS – initially MOS 68G and later MOS 67C – prior to 30 September 1996 and he had undergone a class III flight physical and was found fully qualified for flying duties.  Regrettably, the applicant in this case has not met the criteria for this badge. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 awarding him the Army Good Conduct Medal (1st Award) for the period 5 October 1982 through 12 October 1984 and adding to his DD Form 214 the Army Good Conduct Medal (1st Award).

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 award of the Basic Aviation Badge and correction of his DD Form 214 to show this award.



      _______ _   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)                                         AR20140016530



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ABCMR Record of Proceedings (cont)                                         AR20140016530



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