IN THE CASE OF:
BOARD DATE: 25 June 2015
DOCKET NUMBER: AR20140018690
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.
2. The applicant states, in effect, the Basic Aviation Badge may be permanently awarded to a Soldier upon completion of formal Advanced Individual Training (AIT) in Career Management Field 93 (Aviation).
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending 5 May 1997.
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 6 May 1992. In 1993, he completed AIT and was awarded MOS 93D (Air Traffic Control Repairer). He was honorably released from active duty on 5 May 1997. Item 11 (Primary Specialty) list his MOS as 35D (Air Traffic Control Equipment Repairer), formerly MOS 93D.
3. His DD Form 214 shows the following awards:
* Army Achievement Medal
* Army Lapel Button
* Army Commendation Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with M60 Machine Gun,
.50 Caliber Machine Gun, and M-203 Grenade Launcher Bars
* Sharpshooter Marksmanship Qualification Badge with M-16 Rifle and 9MM Pistol Bars
* Marksman Marksmanship Qualification Badge with Hand Grenade Bar
4. Army Regulation 600-8-22 (Military Awards) authorizes permanent award of the Basic Aviation Badge to individuals who successfully completed AIT in MOS 93D from 7 April 1983 through 30 September 1996.
DISCUSSION AND CONCLUSIONS:
According to the applicable regulation, he is authorized the Basic Aviation Badge based on successful completion of AIT and award of MOS 93D. His DD Form 214 should be amended to reflect this 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; and
b. adding the Basic Aviation Badge to his DD Form 214 for the period ending
5 May 1997.
_______ _ 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) AR20140018690
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140018690
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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