RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-00830 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect award of the Meritorious Service Medal (MSM). _________________________________________________________________ APPLICANT CONTENDS THAT: His award of the MSM is missing from his DD Form 214. He has never received a copy of a special order for the MSM. In support of his appeal, the applicant provides a personal statement and copies of his MSM certificate and citation. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 30 April 1981, the applicant was released from active duty and retired effective 1 May 1981 in the grade of master sergeant (E- 7). He served 20 years and 17 days on active duty. His DD Form 214 reflects he was awarded the National Defense Service Medal, Air Force Good Conduct Medal with five Oak Leaf Clusters, Air Force Longevity Service Award with four Oak Leaf Clusters, and the Air Force Commendation Medal with four Oak Leaf Clusters. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denying the applicant’s request for the MSM. DPSIDR states the applicant provided a copy of the citation awarding him the MSM upon his retirement; however, he has not provided the special order. DPSIDR wrote to the applicant on 6 March 2009 requesting a copy of the MSM special order; however, they received no response. The complete DPSIDR evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 2 June 2009, a copy of the Air Force advisory opinion was forwarded to the applicant for review and comment within 30 days. As of this date, this office has received no response. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. Although the applicant was unable to provide a copy of a special order awarding him the MSM, we believe the documentation he provided in the form of an MSM citation and certificate provides a reasonable basis to conclude he was awarded the MSM. While his award of the MSM cannot be verified with certainty from the available record of evidence, in the interest of equity and justice, we elect to resolve any doubt in favor of the applicant. Accordingly, we recommend his record be corrected as indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 30 April 1981, he was awarded the MSM, for outstanding service during the period 17 June 1985 to 30 April 1981. ________________________________________________________________ The following members of the Board considered this application in Executive Session on 24 September 2009, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records, as recommended. The following documentary evidence for AFBCMR Docket Number BC-2009- 00830 was considered: Exhibit A. DD Form 149, 2 Feb 09, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 26 May 09. Exhibit D. Letter, SAF/MRBR, dated 2 Jun 09. Panel Chair AFBCMR BC-2009-00830 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 30 April 1981, he was awarded the Meritorious Service Medal, for outstanding service during the period 17 June 1975 to 30 April 1981. Director Air Force Review Boards Agency