IN THE CASE OF:	  .

		BOARD DATE:	  25 August 2015

		DOCKET NUMBER:  AR20150000800 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect award of the Senior Army Aviator Badge.

2.  The applicant states he logged over 1,000 hours of flight time from 1987 through 1995 within a period of 8 years from his basic rating date.

3.  The applicant provides:

* excerpts from Army Regulation 600-8-22 (Military Awards)
* DA Form 759-E (Individual Flight Record and Flight Certificate – Army)

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 17 August 1979.  After 7 years, 6 months, and 3 days of active service as an enlisted Soldier, he was honorably discharged on 3 March 1987 for the purpose of being ordered to active duty for an Active Guard Reserve tour as a warrant officer.

3.  Headquarters, U.S. Army Aviation Center and Fort Rucker, Order 18-19, dated 28 January 1987, awarded the applicant the Army Aviator Badge and the aeronautical designation of Army aviator effective 5 March 1987 based on his completion of flight training.

4.  The applicant provided a DA Form 759-E with a through date of 30 November 1994 which shows:

* his aviation service entry date (ASED) as 5 April 1987
* he flew 179 total hours as a pilot
* his total aviator flight time was 1,512.2 hours
* he completed 78 months of total operational flying duty
* a temporary medical suspension imposed on 21 June 1994 was terminated on 5 July 1994

5.  The applicant's records contain a DA Form 759-E with a through date of 20 July 1995 which shows:

* his ASED as 5 April 1987
* he flew 179 total hours as a pilot
* his total aviator flight time was 1,585.3 hours
* he completed 83 months of total operational flying duty
* his records were closed on 20 July 1995, due to separation processing per orders dated 11 April 1995

6.  On 31 October 1995, he was honorably retired.  His DD Form 214 shows he was awarded the Army Aviator Badge.

7.  The applicant provided excerpts from Army Regulation 600-8-22, dated 11 December 2006, highlighting a portion of the badge criteria in which 1,000 flying hours in an aircraft and 7 years from basic rating date are required for award of the Army Aviator Badge to foreign officers.

8.  Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states the three degrees of the aviator badge authorized for award are the Basic Army Aviator Badge, Senior Army Aviator Badge, and Master Army Aviator Badge.  For eligibility, U.S. officers must have attained an aeronautical rating of Army aviator, senior Army aviator, or master Army aviator as outlined in Army Regulation 
600-105 (Aviation Service of Rated Army Officers).

9.  Army Regulation 600-105 prescribes the aviation service policies of rated Army officers and flight surgeons, to include award of Army aeronautical ratings.

	a.  An aeronautical rating certifies successful completion of prescribed aviation related training and experience.  Officers are initially qualified for aviation service at the start of the initial flight training course or aviation medicine course leading to the award of an aeronautical rating.  U.S. Army aeronautical ratings are Army aviator, senior Army aviator, master Army aviator, flight surgeon, senior flight surgeon, and master flight surgeon.

	b.  After meeting the eligibility requirements of table 2-5 (Eligibility Requirements for Aeronautical Ratings), U.S. Army aeronautical ratings are awarded to Army officers in accordance with tables 2-6 (How to Apply for an Aeronautical Rating) and 2-7 (Awarding Aeronautical Ratings).

	c.  Table 2-5 states eligibility for the rating of senior Army aviator requires at least 7 years of rated aviation service (of which 4 years must be as an Army aviator), holding a rating of Army aviator with at least 1,000 hours of Department of Defense aviator flight time which must include flight time as a pilot in command, at least 84 months of total operational flying duty credit (TOFDC), and being class II medically qualified.

	d.  The conditions for accumulating TOFDC require an aviator to be in aviation service, part of the rated inventory, and assigned to an operational position coded for an aviation officer on the unit modified table of organization and equipment or table of distribution and allowances.  Operational flying duty credit begins the day following the date the aviator signs out of a non-flying operational flying duty position en route to an operational flying duty position.  Credit is continuous until the aviator signs out en route to a non-operational flying duty position.  TOFDC is recorded by number of months.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to reflect award of the Senior Army Aviator Badge was carefully considered.

2.  The evidence of record shows the applicant was awarded the Army Aviator Badge effective 5 March 1987 upon completion of flight training.

3.  Regulatory guidance requires at least 7 years of rated aviation service (of which 4 years must be as an Army aviator), holding a rating of Army aviator with at least 1,000 hours of Department of Defense aviator flight time which must include flight time as a pilot in command, at least 84 months of TOFDC, and being class II medically qualified for eligibility for award of the Senior Army Aviator Badge.

4.  His final DA Form 759-E with a through date of 20 July 1995 shows he met all of the requirements for the Senior Army Aviator Badge aside from the requirement to have at least 84 months of TOFDC.  According to this final flight record, the applicant completed 83 months of TOFDC.  Accordingly, he did not meet the eligibility requirements for award of the Senior Army Aviator Badge and his DD Form 214 properly shows award of the Army Aviator Badge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _____________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)                                         AR20150000800



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ABCMR Record of Proceedings (cont)                                         AR20150000800



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