RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  99-00760 &
                                  00-02034
            INDEX CODE  131.09  107.00
      xxxxxxxxxxxx     COUNSEL:  None

      xxxxxxxxxxxx     HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214 reflect “Radiation Veteran/Survivor,” he  be  promoted
to the grade of lieutenant colonel (LTC), and he be awarded the Bronze
Star.

_________________________________________________________________

APPLICANT CONTENDS THAT:

A 21 Mar 85 letter from the Disabled American Veterans (DAV) indicates
he was “awarded the Bronze Star.”  He  asserts  his  military  service
warrants his being designated a “Radiation Veteran/Survivor” on his DD
Form 214. He should have been retired as an LTC under  the  provisions
of the Defense Officer Personnel Management Act (DOPMA).

Complete copies of his three DD Form 149s are at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was commissioned as  a  second  lieutenant  and  entered
extended active duty (EAD)  on  2  Oct  42.  He  was  demobilized  and
released from EAD on 24 Mar 46. He was recalled to EAD on 9 Jan 47 and
promoted to the grade of captain  on  10  Jul  47.  According  to  his
officer performance reports, he was a ground safety officer from 1 Jul
48 to 20 Jan 56. Beginning 13  Apr  56,  he  served  as  base  passive
defense officer.  On 30 Nov 57 he was released from active duty in the
grade of captain. (He had been promoted to the Reserve grade of  major
effective 1 Jul 55.) On 6 Jan 58, he enlisted and entered active  duty
in the Air Force, where he served primarily as a munitions  specialist
and the noncommissioned officer in charge of disaster control.

While on active duty in the grade of technical sergeant, the applicant
submitted a voluntary retirement application on 22 Jun 64,  requesting
an effective date of retirement of  1  Nov  64.  His  application  for
retirement was approved by Special Order AC-15532,  dated  3  Aug  64.
According to the Special Order, the highest grade held on active  duty
was captain, and the grade in which he was retired was major.  At  the
time of his retirement, he served 21 years, 10 months and 10  days  of
active duty. The applicant’s available records do not reflect  he  was
awarded the Bronze Star or recommended/selected for promotion to LTC.

DOPMA was implemented on 15 Sep 81.

The applicant’s  first  application  (Exhibit  A),  dated  17 Mar  99,
requested  that  his  DD  Form  214  reflect  he  was   a   “Radiation
Veteran/Survivor.” By letter dated 28 May  00,  SAF/MIBR  (the  AFBCMR
intake office at Randolph AFB) advised the applicant that a review  of
his records revealed only one pertinent document: a  30  Jul  57  memo
from Nellis AFB, NE, to the 36th  Air  Division  commander  at  Davis-
Monthan AFB. The letter advised that the applicant had  completed  the
Advanced Radiological Defense Course at Nellis, had  been  exposed  to
.041 roentgens of gamma radiation during the course, and that the safe
limit for  the  operation  was  5  roentgens.  SAF/MIBR  provided  the
applicant a copy of this letter, advised that there was  no  provision
by which to indicate the requested designation on the DD Form 214, and
closed his application.  The applicant responded on 1 Jun  99,  asking
in  part  why  SAF/MIBR’s  letter  did  not  provide  information  and
subjective  evaluation  regarding  his   military   history,   health,
safe/unsafe  levels  of  radiation  exposure  and  various   radiation
experiments.  SAF/MIBR advised that the Board was not an investigative
body and provided the applicant  an  address  where  he  could  obtain
historical information. Copies of this correspondence are  at  Exhibit
C.

In his second application (Exhibit A), dated 24 Jul 00, the  applicant
asked for the Bronze Star and  provided  a  copy  of  the  DAV  letter
referenced  above.   The  Chief,  Awards  &  Decorations  Section,  HQ
AFPC/DPPPRA, advised the applicant on 9 Aug 00 that the “Bronze  Star”
referred to by the DAV is not a military decoration but rather a  form
of recognition from  the  DAV  National  Headquarters  for  recruiting
efforts. A copy of DPPPRA’s letter is at Exhibit D.

In his third application (Exhibit A), dated 28 Aug 00,  the  applicant
again asks that his DD Form 214 reflect  “Radiation  Veteran/Survivor”
and that he be promoted to the grade of LTC under  the  provisions  of
DOPMA.

_________________________________________________________________

AIR FORCE EVALUATION:

Information and actions taken regarding the applicant’s requests  that
his DD Form 214 reflect he was a “Radiation Veteran/Survivor” and that
he was awarded the “Bronze Star” are discussed  in  the  Statement  of
Facts above.

The Special Programs Section, HQ  AFPC/DPPRRP,  reviewed  this  appeal
with regard to the promotion issue and advises that, in  order  to  be
eligible  for  DOPMA  transition  provisions,  a  Regular  or  Reserve
commissioned officer had to have been  serving  on  active  duty  when
DOPMA was  implemented.  The  author  recommends  denial  because  the
applicant retired 1 Nov 64, prior to DOPMA’s implementation on 15  Sep
81.

A complete copy of the evaluation, with attachments, is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant provided an 11-page rebuttal with numerous  attachments.
He appears to be contending that  he  was  twice  presented  with  the
Bronze Star ribbon, should be  promoted  to  the  grade  of  LTC,  and
designated a  plutonium  survivor.   He  contends  the  DPPPRA  letter
regarding his request for the Bronze Star “missed the point.”  He  has
made both typed and written changes to the records  he  includes  with
his rebuttal.

A complete copy of  applicant’s  response,  with  attachments,  is  at
Exhibit G.

_________________________________________________________________

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  carefully
considering all the materials pertaining to  this  case,  we  are  not
persuaded that the applicant should be promoted to the grade  of  LTC,
awarded the Bronze Star, or designated a “radiation veteran/survivor.”
Other than his own uncorroborated assertions, the  applicant  provides
nothing that refutes the evidence of record.  His submission  has  not
demonstrated that he was, or is, entitled to promotion to the grade of
LTC under any provision, or that he ever was,  or  should  have  been,
awarded the military Bronze Star.  Further, the only document  in  his
military and medical records that has the remotest pertinence  to  the
radiation exposure issue is the 30 Jul 57 memo from Nellis AFB to  the
36th Air Division commander at Davis-Mothan  AFB,  advising  that  the
applicant had completed the Advanced Radiological  Defense  Course  at
Nellis, had been exposed to .041 roetgens of  gamma  radiation  during
the course, and that the safe limit  was  5  roetgens.   Neither  this
letter nor the duties described in his performance reports and records
justify any special  designation  as  a  radiation  survivor.  As  the
applicant was earlier advised by SAF/MIBR, the Board does not  contact
witnesses in behalf of an applicant, nor is it an investigative  body.
The burden of providing sufficient evidence of probable material error
or injustice rests with each applicant, and this applicant has  failed
to sustain that burden. Therefore, absent persuasive evidence  to  the
contrary, we find no compelling basis to recommend granting any of the
relief sought.

_________________________________________________________________

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 15 November 2000 under the provisions of AFI  36-
2603:

                 Mr. Benedict A. Kausal IV, Chair
                 Mr. Christopher Carey, Member
                 Mr. Joseph A. Roj, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149s, dated 17 Mar 99, 24 Jul 00 and
                       28 Aug 00, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, SAF/MIBR, dated 28 May 99, w/atchs.
   Exhibit D.  Letter, HQ AFPC/DPPPRA, dated 9 Aug 00.
   Exhibit E.  Letter, HQ AFPC/DPPRRP, dated 24 Aug 00, w/atchs.
   Exhibit F.  Letter, SAF/MIBR, dated 8 Sep 00.
   Exhibit G.  Letter, Applicant, dated 15 Oct 00, w/atchs.





                                   BENEDICT A. KAUSAL IV
                                   Chair