IN THE CASE OF:
BOARD DATE: 7 July 2015
DOCKET NUMBER: AR20140020594
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, awarded of the Aircraft Crewman Badge (currently known as the Basic Aviation Badge) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show it.
2. The applicant states he accumulated enough flight time and wants this omission corrected.
3. The applicant provides a copy of his DD Form 214 and Special Orders Number 236, issued by Headquarters, 164th Combat Aviation Group on
24 August 1971.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was inducted into the Army of the United States on 10 June 1970. He completed his initial entry training and was awarded military occupational specialty (MOS) 67V (Helicopter Repairman).
3. Special Orders Number 227, issued by Headquarters, U.S. Army Transportation School, Fort Eustis, VA on 13 October 1970, awarded him MOS 67V (UH-6/OH-58 Helicopter Repairman) effective 6 October 1970.
4. He arrived in the Republic of Vietnam on or about 10 November 1970 and was assigned to C Troop (Air), 16th Cavalry Regiment, as a helicopter repairman. He remained with this unit until on or about 9 November 1971, when he was reassigned to Fort Riley, KS, at the end of his Vietnam service.
5. Special Orders Number 236, issued by Headquarters, 164th Combat Aviation Group on 24 August 1971, confirmed he was in a non-aviator-crewmember flying status, by reason of being required to participate regularly and frequently in aerial flight as a crewmember, with an effective date of 1 August 1971.
6. He was honorably released from active duty on 6 January 1972 and transferred to the U.S. Army Reserve. His DD Form 214 does not show the Aircraft Crewman Badge.
7. Army Regulation 600-8-22 (Military Awards) authorizes permanent award of the Basic Aviation Badge to individuals upon successful completion of advanced individual training (AIT) in career management fields (CMFs) 67 (aircraft maintenance) and 93 (aviation operations).
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his record should be corrected to show award of the Basic Aviation Badge was carefully considered and determined to have merit.
2. The applicant completed the required course and was awarded MOS 67V. Therefore, he meets the criteria to be awarded the Basic Aviation Badge and to have it added to his DD Form 214.
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 awarding him the Basic Aviation Badge and amending his DD Form 214 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) AR20100013969
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