IN THE CASE OF:
BOARD DATE: 10 September 2015
DOCKET NUMBER: AR20150002126
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. He 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. He provides his DD Form 214 (Report of Separation from Active Duty), ending 8 July 1977.
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 15 September 1972. In 1973, he completed AIT and was awarded MOS 93J (Air Traffic Control Specialist).
3. He was subsequently assigned to the 14th Aviation Unit (Air Traffic Control), Germany from 26 June 1974 to 5 July 1977. After completion of his tour, he was honorably released from active duty in the rank/pay grade of specialist five SP5/E-5 on 8 July 1977. Item 11 (Primary Specialty) list his MOS as 93J.
4. His DD Form 214 shows he was awarded or authorized the National Defense Service Medal and the Sharpshooter Marksmanship Qualification Badge with M-16 Rifle.
5. A review of the applicant's service record shows no derogatory information in the form of nonjudicial punishment, lost time, or suspension of favorable personnel action that would have disqualified him for the first award of the Army Good Conduct Medal.
6. Army Regulation 600-8-22 (Military Awards) prescribes the policy on Army awards and decorations.
a. The Basic Aviation Badge is authorized for permanent award to individuals who successfully completed AIT in Career Management Field 93.
b. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.
c. The Overseas Ribbon is awarded for successful completion of overseas tours. Appendix Q of the Joint Federal Travel Regulation (JFTR) states the and unaccompanied tour in Germany is 24 months and an accompanied tour is
36 months.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests award of the Basic Aviation Badge.
2. According to the applicable regulation, he is authorized the Basic Aviation Badge based on successful completion of AIT and award of MOS 93J. His DD Form 214 should be amended to reflect this badge.
3. The evidence of record confirms that he served honorably during the period from 15 September 1972 through 8 July 1977. He attained the rank/grade of SP5/E-5. Furthermore, his record is void of any lost time, nonjudicial punishment, or suspension of favorable personnel actions.
4. Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and to correct his records to show this award.
5. The evidence of record shows he completed a tour in Germany. Therefore, he is entitled to award of an OSR.
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 Army Good Conduct Medal for the period 15 September 1972 through 8 July 1977; and
b. adding the following awards to his DD Form 214:
* Basic Aviation Badge
* Army Good Conduct Medal (1st Award)
* Overseas Service Ribbon
_______ _ 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) AR20150002126
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ABCMR Record of Proceedings (cont) AR20150002126
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