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Decision Text

AF | BCMR | CY1999 | 9802619
Original file (9802619.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  98-02619
            INDEX CODE: 107.00, 121.00

            COUNSEL:  None

            HEARING DESIRED: No


Applicant requests his DD Form  214,  Armed  Forces  of  the  United  States
Report of Transfer or Discharge, be corrected  to  include  Vietnam  Service
Medals, Air Force Good Conduct Medal,  Air  Force  Commendation  Medal,  the
Bronze and Silver Star Medals and Air Medal  with  four  oak  leaf  clusters
(OLCs).  Applicant also requests payment of  17  days  of  lump  sum  leave.
Applicant's submission is at Exhibit A.

On  12  November  1998,  AFPC/DPPPRA,   requested   the   applicant   submit
documentation in the form of  recommendation  packages,  and/or  orders,  to
support his requests.  As a result, the applicant’s DD  Form  214  has  been
administratively corrected by the appropriate Air Force  office  to  include
the Vietnam Service Medal with 2 Bronze Service Stars, the  Air  Medal  with
four OLCs, the  Air  Force  Longevity  Service  Award,  and  the  Air  Force
Commendation Medal.  The DD Form 214 correctly reflected the Air Force  Good
Conduct Medal and the Republic of Vietnam Campaign Medal.   The  only  other
issues to be considered by this Board are the Bronze Star Medal, the  Silver
Star Medal, and payment of 17 days of lump sum leave.

The appropriate Air Force office evaluated applicant's request in regard  to
payment of 17 days of lump sum leave and provided  an  advisory  opinion  to
the Board recommending the application be denied (Exhibit C).  The  advisory
opinion was forwarded to the applicant for review and response (Exhibit  D).
 As of this date, no response has been received by this office.

The application was not timely filed; however, it  is  in  the  interest  of
justice to excuse the failure to timely file.

After  careful  consideration  of  applicant's  request  and  the  available
evidence of record, we find insufficient evidence of error or  injustice  to
warrant corrective action.  The facts and opinions stated  in  the  advisory
opinion appear to be based on the evidence  of  record  and  have  not  been
rebutted by applicant.  Absent  persuasive  evidence  applicant  was  denied
rights to which entitled, appropriate  regulations  were  not  followed,  or
appropriate standards were not applied, we find  no  basis  to  disturb  the
existing record.  In regard to the applicant’s request for  the  Bronze  and
Silver  Star  Medals,  we  note  he  has   not   provided   any   supporting
documentation in response to AFPC/DPPPRA’s letter dated  12  November  1998.
Regarding his request for payment of 17 days of  lump  sum  leave,  we  note
DFAS-DE/FYCC states the applicant’s pay records are no longer  available  to
verify the lump sum leave.  In view of the foregoing and in the  absence  of
evidence to the contrary, we find no compelling basis to recommend  granting
the relief sought in this portion of the application.

Accordingly, applicant's request is denied.

The  Board  staff  is  directed  to  inform  applicant  of  this   decision.
Applicant should also be informed that this decision is final and will  only
be reconsidered upon the presentation of new  relevant  evidence  which  was
not reasonably available at the time the application was filed.

Members of the Board Mr. Robert W. Zook, Mr. Philip Sheuerman, and Ms.  Olga
M. Crerar considered this application on 29 June 1999,  in  accordance  with
the provisions of Air Force Instruction 36-2603, and the governing  statute,
10, U.S.C. 1552.





                                     ROBERT W. ZOOK
                                     Panel Chair

Exhibits:

A.  Applicant's DD Form 149
B.  Available Master Personnel Records
C.  Advisory Opinion
D.  AFBCMR Ltr Forwarding Advisory Opinion

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