ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 6 August 2019 DOCKET NUMBER: AR20190002807 APPLICANT REQUESTS: pay and entitlements for flight duty performed. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * DD Form 215 (Correction to DD Form 214) * DA Form 759 (Individual Flight Record and Flight Certificate) * DA Form 759-1 (Individual Flight Record and Flight Certificate) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states that he served in the military from July 1966 to July 1969. He further states that he spent 11 months in Vietnam as an Air/Forward Observer with the 2nd Squadron, 17th Air Cavalry, 101st Airborne Division, but never received flight pay, however there were other Soldiers, in the same unit that flew less hours than him and received flight pay. At the time, he was told that he would receive back payment for the flight duty that he performed. He received two Air Medals, only awarded to persons on flight duty per his account, during this period as evidenced on his DD Form 214. 3. The applicant provides a: * DD Form 214, dated 28 July 1969 – reflective of 1 Air Medal * DD Form 215, dated 14 March 1990 – reflective of 1 additional Air Medal * DA Form 759, dated 18 Jul 1969 – reflective of a total of 24 hours of flight time in both June and July; 24 hours is the maximum amount of hours permitted on this form * DA Form 759-1 covering June-July 1969 – reflective of a total of 78.8 hours of flight time during this period; 396 flight hours prior to this point – 475 cumulative hours in total 4. A review of the applicant’s service record reflects the following on: * 18 July 1966 – he was inducted into the Army * 31 July 1967 – he was released from active duty to accept a Reserve commission * 1 August 1967 – he was commissioned as an Artillery Officer and placed on active duty; MOS 1193, Field Artillery Unit Commander * 30 July 1968 – he was deployed to Vietnam * 14 March 1969 (Order#893) – he was awarded the Air Medal * 4 July 1969 (DA Form 67-6) – he was rated as a Forward Observer and then further recognized for functioning as an Aerial Observer committed to an Airmobile organization in combat * 23 July 1969 – he was redeployed from Vietnam * 28 July 1969 – he was released from active duty and transferred back into the Army Reserve 5. The applicant did not provide nor does a review of his records indicate flying status orders or an actual aviator specialty. 6. In accordance with DOD 7000.14-R (Financial Management Regulation) to be eligible for Hazardous Duty Incentive Pay (HDIP), a Soldier must be required by competent orders to participate frequently and regularly in aerial flights, other than glider flights, and generally must complete 4 hours of aerial flight each month. Hours that are flown in excess of this requirement may be banked for application of up to 5 subsequent months where there may be deficiencies of flying hours. Aviators Incentive Pay (AvIP) is only authorized to Officers assigned to positions properly coded or designated as an aviator. AvIP may only be paid to an Officer who engages in or remains in aviation service for a specified period of time. 7. Army Regulation 600-106 (Personnel General – Aeronautical Designations and Flying Status for Army Personnel) states that in combat or during a national emergency, a maximum of two individuals per observation type aircraft, in units other than Aero Scout Platoon, may be placed on non-crew member flying status as an Air Observer provided air observer duties are performed as a primary duty. Normally, air observer duties are restricted to company grade Officers and Enlisted personnel. Authority to issue flying status orders for personnel occupying positions approved under these provisions, is delegated to commanders in chief of major oversea commands and commanding generals of major Army commands. Authorization for flying status associated with a position will remain valid until the inherent duties of the position change and frequent and regular aerial flight with attendant flying status is no longer required. Commanders authorized to issue competent orders under this provision will maintain controls which assure termination of flying status authorization at any time that the duties of a position no longer require frequent and regular aerial flight. 8. AR 672-5-1 (Decorations, Awards, and Honors – Military Awards) states that the Air Medal is awarded to any person who, while serving in any capacity in or with the United States Army, shall have distinguished himself by meritorious achievement while participating in aerial flight. Award of the Air Medal is primarily intended to recognize those personnel who are on current crew member or non-crewmember flying status which requires them to participate in aerial flight on a regular and frequent basis in the performance of their primary duties, however it may also be awarded to certain other individuals whose combat duties require regular and frequent flying in other than passenger status, or individuals who perform a noteworthy act while performing the function of a crew member who are not on flying status as prescribed in AR 600-106. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and applicable policies regarding flight pay. The Board considered the applicant’s statement, his Military Occupational Specialty (FA Unit Cdr), the absence of any ratings, specialties or designations in his records, his individual flight records and his duties as an aerial observer. The Board found no evidence of orders placing the applicant in a flying status. The Board determined there was insufficient evidence to correct the applicant’s record to show authorization for flight duty pay. Based on a preponderance of the evidence, the Board found no error or injustice. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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. 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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. DOD 7000.14-R (Financial Management Regulation) states that to be eligible for Hazardous Duty Incentive Pay (HDIP), a Soldier must be required by competent orders to participate frequently and regularly in aerial flights, other than glider flights, and generally must complete 4 hours of aerial flight each month. Hours that are flown in excess of this requirement may be banked for application of up to 5 subsequent months where there may be deficiencies of flying hours. Aviators Incentive Pay (AvIP) is only authorized to Officers assigned to positions properly coded or designated as an aviator. AvIP may only be paid to an Officer who engages in or remains in aviation service for a specified period of time. 3. Army Regulation 600-106 (Personnel General – Aeronautical Designations and Flying Status for Army Personnel) states that in combat or during a national emergency, a maximum of two individuals per observation type aircraft, in units other than Aero Scout Platoon, may be placed on non-crew member flying status as an Air Observer provided air observer duties are performed as a primary duty. Normally, air observer duties are restricted to company grade Officers and Enlisted personnel. Authority to issue flying status orders for personnel occupying positions approved under these provisions, is delegated to commanders in chief of major oversea commands and commanding generals of major Army commands. Authorization for flying status associated .with a position will remain valid until the inherent duties of the position change and frequent and regular aerial flight with attendant flying status is no longer required. Commanders authorized to issue competent orders under this provision will maintain controls which assure termination of flying status authorization at any time that the duties of a position no longer require frequent and regular aerial flight. 4. AR 672-5-1 (Decorations, Awards, and Honors – Military Awards) states that the Air Medal is awarded to any person who, while serving in any capacity in or with the United States Army, shall have distinguished himself by meritorious achievement while participating in aerial flight. Award of the Air Medal is primarily intended to recognize those personnel who are on current crew member or non-crewmember flying status which requires them to participate in aerial flight on a regular and frequent basis in the performance of their primary duties, however it may also be awarded to certain other individuals whose combat duties require regular and frequent flying in other than passenger status, or individuals who perform a noteworthy act while performing the function of a crew member who are not on flying status as prescribed in AR 600-106. ABCMR Record of Proceedings (cont) AR20190002807 4 1