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AF | BCMR | CY2000 | 9803304
Original file (9803304.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-03304
                       INDEX CODE 107.00
                       COUNSEL:  None

                       HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214 reflect receipt of the following awards:

            1.   Joint  Meritorious  Unit  Award  with  1st  Oak  Leaf
Cluster (JMUA 1OLC) for the period 24 Aug 96 – 22 Dec 97.

            2.   Air Force Expeditionary Medal with  2nd  Bronze  Star
(AFEM 2BS) for the period 24 Aug 96 – 22 Dec 97.

            3.   Armed Forces Services Medal (AFSM) with 1BS  for  the
period 24 Aug 96 – 22 Dec 97 [administratively granted –  See  Exhibit
C].

            4.   Humanitarian Service Medal (HSM) with  1OLC  for  the
period 2 Dec 96 – 16 Dec 96 [administratively granted – See Exhibit C]
and 2OLC for the period 24 Aug 96 –22 Dec 97.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His DD Form 214 was up to date when he separated on 22 December  1997.
The requested additional awards were authorized after his separation.

His complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was awarded the basic JMUA for the period 19  Sep  94  –
6 Oct 94; the basic AFEM for the period 5 Feb 93 – 18 Apr 93  and  the
second AFEM (1BS) for the period 19 Sep 94 – 6 Oct 94; the basic  AFSM
for the period 14 Dec 95 – 21 Jan 96; and the basic HSM for the period
19 Sep 94 – 6 Oct 94.

The remaining relevant facts pertaining to this application, extracted
from the applicant's military records, are  contained  in  the  letter
prepared by the appropriate office of  the  Air  Force.   Accordingly,
there is no need to recite these facts in this Record of Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Recognition Programs Branch, HQ AFPC/DPPPR,  reviewed  this
appeal and provides his rationale for recommending denial.  Since  the
applicant  has  not  provided  any  documentation   showing   he   was
assigned/attached to the required task forces, his eligibility  for  a
1OLC to the JMUA cannot be verified. He has not provided documentation
showing he was sent to any of  the  Areas  of  Eligibility  in  direct
support of Operation NORTHERN WATCH that would entitle him to a second
BS to the AFEM. His request for the AFSM 1BS has been administratively
granted and his DD Form 214 corrected to  reflect  its  receipt.   His
request for the HSM 1OLC has also been  administratively  granted  for
the period 2 Dec 96 –  16  Dec  96  and  his  DD  Form  214  corrected
accordingly.  However, the HSM was not  awarded  for  participants  of
Operation NORTHERN WATCH or for Operation PROVIDE COMFORT  during  the
period 24 Aug 96 – 22 Dec 97. Therefore, the Chief cannot  verify  the
applicant’s eligibility for  a  2OLC  to  the  HSM.   Aside  from  the
administrative corrections already  made,  the  applicant’s  remaining
requests should be denied.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 3 September 1999 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 timely filed.

3.    Insufficient relevant evidence has been presented to demonstrate
the  existence  of  probable  error  or   injustice.   We   note   the
administrative corrections already made to  the  applicant’s  records.
After a thorough review of  the  available  evidence  and  applicant’s
submission, we are not persuaded that his remaining requests should be
granted. His contentions are duly noted; however, he has not  provided
persuasive evidence to warrant further relief. We therefore agree with
the recommendations of the Air Force and adopt the rationale expressed
as the basis for our decision that the applicant has failed to sustain
his burden of having suffered either an error or an injustice.  Absent
persuasive evidence to the contrary, we find no  compelling  basis  to
recommend granting the applicant’s remaining requests.

_________________________________________________________________

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 21 January 2000 under the provisions of  AFI  36-
2603:

                             Mr. Benedict A. Kausal IV, Panel Chair
                             Mr. Patrick R. Wheeler, Member
                             Ms. Rita J. Maldonado, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149s (2), dated 24 Nov 98 & 29 Apr 99,
                                  w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, dated 6 Aug 99, w/atchs.
   Exhibit D.  Letter, AFBCMR, dated 3 Sep 99.




                                   BENEDICT A. KAUSAL IV
                                   Panel Chair

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