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AF | BCMR | CY1999 | 9900539
Original file (9900539.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 99-00539
                 INDEX CODE 107.00
                 COUNSEL:  None

                 HEARING DESIRED:  No

APPLICANT REQUESTS THAT:

He  be  awarded  the  Meritorious  Service  Medal  (MSM)  for  service
performed from 22 August 1968 to 31 January 1970.

APPLICANT CONTENDS THAT:

He was told he would be awarded the MSM upon retirement.  He  received
the Air  Force  Commendation  Medal  (AFCM)  instead.  He  packed  his
household goods without reading the citation. Years later he read  the
citation and noticed that it  indicates  “Citation  to  Accompany  the
Award of the Meritorious Service Medal” for the period in question.

He provides a copy of the citation, which appears to include some kind
of official seal and indicates the award received for  service  during
the period in question was the MSM. He  also  includes  a  certificate
reflecting the award for the period in question was the AFCM, as  well
as the award orders indicating the award for the  period  in  question
was the AFCM.

A copy of applicant's complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant retired in the grade of major on 1 February 1970 with 23
years, 10 months and 8 days of active service. The Special Order  G-X,
dated 5 January 1970, indicates that he  received  the  AFCM  for  the
period in question. His DD form 214 also reflects award of  the  AFCM,
not the MSM.

As a result  of  this  application,  HQ  AFPC/DPPPR  forwarded  a  new
citation, reflecting award of the AFCM vice the MSM, to the  applicant
on 23 April 1999.

AIR FORCE EVALUATION:

The Chief, Recognition Programs Branch, HQ AFPC/DPPPR,  contends  that
the citation for the MSM furnished by the applicant did not  have  the
USAF seal on it, was not right-margin justified, and did not  seem  to
be formatted as required.  The citation for the MSM furnished  by  the
applicant may  have  been  the  proposed  citation  submitted  in  the
original recommendation package. However, since the 20th Air  Division
no longer exists, there is no longer any way to verify what was in the
original recommendation package. The applicant has  not  provided  any
documentation showing he  contacted  his  unit  to  ascertain  why  he
received the lessor decoration or to substantiate his  claim  that  he
was “promised” the MSM. Denial is recommended.

A copy of the complete Air Force evaluation, with  attachment,  is  at
Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant contends the citation to accompany the award of the  MSM
was printed on Aerospace Defense Command (ADC) paper with the official
seal of the ADC.  He  can’t  be  responsible  for  the  administrative
errors caused by the XXth Air Division personnel. The certificate  was
made up at HQ ADC. He argues that regulations governing  citations  do
change after 29 years.

He encloses the original citation. [The text is printed over the  blue
logo of the ADC and a gold paper seal is affixed to the citation.  The
word “official” is legible on the seal. While many  of  the  remaining
letters encircling  the  seal  are  illegible,  what  is  decipherable
appears to indicate it was the XXth Air Division’s seal].

The applicant’s complete response, with attachment, is at Exhibit E.

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.    Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice. After a thorough  review
of the evidence of record  and  applicant’s  submission,  we  are  not
persuaded that relief is warranted. Applicant’s contentions  are  duly
noted, as was the citation he provided in his rebuttal.  However,  the
Special Order dated 5 January 1970 reflects that the award he received
for the pertinent period was the AFCM, not the MSM. His  DD  Form  214
also indicates he received the AFCM. We cannot speculate as to why the
citation copy the applicant has reflects award of  the  MSM  when  all
official documentation in his available military records indicates  he
received the AFCM. The delay in filing this appeal precludes  us  from
verifying what was in the original recommendation  package  since  the
XXth Air Division no longer exists. The  applicant’s  submission  does
not  provide  sufficiently  persuasive  evidence  substantiating   his
contention that he  should  have  received  the  MSM  vice  the  AFCM.
Therefore, we find no compelling  basis  to  recommend  granting  this
appeal.
THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of probable  material  error  or  injustice;
that the application was denied without  a  personal  appearance;  and
that the application will only be reconsidered upon the submission  of
newly  discovered  relevant  evidence   not   considered   with   this
application.

The following members of the  Board  considered  this  application  in
Executive Session on 16 December 1999, under the provisions of AFI 36-
2603:

                  Ms. Martha Maust, Panel Chair
                  Ms. Nancy W. Drury, Member
                  Ms. Rita J. Maldonado, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 5 Feb 99, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, dated 23 Apr 99, w/atch.
   Exhibit D.  Letter, AFBCMR, dated 10 May 99.
   Exhibit E.  Letter, Applicant, dated 14 May 99, w/atch.




                                   MARTHA MAUST
                                   Panel Chair

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