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AF | BCMR | CY2001 | 0001951
Original file (0001951.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:            DOCKET NUMBER:  00-01951
                 INDEX CODE:  107.00; 131.09

                 COUNSEL:  XXXX XX XXXXX

                 HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect award of the  Good  Conduct  Medal
(GCM) and restoration of his rank of Technician 5th grade, T/5 (E-3).
_________________________________________________________________

APPLICANT CONTENDS THAT:

He never received the GCM and his T/5 stripes were taken from him  and
given to  someone  else.   The  complete  submission  is  attached  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Based  on  the  available  records,  the  applicant  was  a   surgical
technician, who served in the Army Air Force  from  16  November  1943
until 9 November 1945, at which time he was  honorably  discharged  in
the grade of private (E-1).  The WD AGO Form reflects that the highest
grade held was Technician 5th grade; award of the European Theater  of
Operations (ETO) Ribbon for the period 9  November  1944  -  6  August
1945, American Theater Ribbon, and the World War II Victory Medal; and
attendance  at  the  Dental  Technicians  School,   O’Reilly   General
Hospital, Springfield, Missouri.

The applicant's military personnel records were destroyed by  fire  in
1973.  Therefore, the  facts  surrounding  his  separation  cannot  be
verified.

_________________________________________________________________

AIR FORCE EVALUATIONS:

The Recognition Programs Branch, AFPC/DPPPR reviewed this  application
and recommended denial.  The applicant’s Report  of  Separation  shows
the highest grade held was T/5, but he was discharged  as  a  private.
He did not provide any documentation to explain why the T/5  rank  was
withdrawn.  He has provided no documentation to show  he  was  awarded
the GCM.  A complete copy of the evaluation, with  attachment,  is  at
Exhibit C.

The Enlisted  Promotion  and  Military  Testing  Branch,  AFPC/DPPPWB,
recommended denial on the basis  of  timeliness  and  on  the  merits.
Relevant records have been  destroyed  or  are  no  longer  available,
memories have faded, and  witnesses  are  unavailable.   There  is  no
indication why the applicant was discharged  as  a  private.   In  the
absence of documentation to the  contrary,  DPPPWB  stated  they  must
assume he was discharged in the proper grade.  The complete evaluation
is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

Counsel reiterated that the applicant is a 75-year-old  World  War  II
veteran, who seeks nothing more than to have his proper rank  restored
and to formally receive the GCM -- both of which are due the applicant
by virtue of his service to his  country.   Counsel  stated  that  the
laches argument should not and cannot be applied to the granting of  a
GCM; and rejection of the restoration of the rank of T/5 under AFI 36-
2603 cannot and should not be applied.  His  complete  response,  with
attachments, is at Exhibit F.

_________________________________________________________________

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.  After careful consideration of the limited documentation available
for the Board’s review, a majority of  the  Board  finds  insufficient
relevant evidence has been presented to demonstrate the  existence  of
probable  error  or  injustice  warranting  favorable  action  on  the
applicant’s  request  for  award  of  the  GCM.   We  noted  counsel’s
assertion that the applicant should have  received  the  GCM  because,
during this period of World War II service, any personnel  serving  on
active  duty  for  over  one  year  received  the   medal   unless   a
countermanding order was issued.  While we have seen no evidence  that
he ever received the GCM or that an  order  was  issued  revoking  the
medal, based upon the presumption of  regularity  in  the  conduct  of
governmental affairs and without evidence from the  applicant  to  the
contrary, the  Board  majority  must  presume  that  he  received  the
decorations to which he was entitled.  Therefore, the  majority  finds
no basis upon which to favorably consider awarding the  applicant  the
GCM.

4.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of probable  error  or  injustice  with  regard  to  the
applicant’s request for restoration of  the  rank  of  Technician  5th
grade.  We noted the applicant's complete submission  in  judging  the
merits of his contention that the rank was taken from him and given to
someone else; however, we agree with the opinion and recommendation of
the Air Force office of primary responsibility and adopt the rationale
expressed as the basis for our conclusion that without evidence to the
contrary, we must assume  he  was  discharged  in  the  proper  grade.
Therefore, we find no  compelling  basis  to  recommend  granting  the
requested relief.

5.  The documentation provided with this case was sufficient  to  give
the Board a clear understanding of the issues involved and a  personal
appearance, with or without counsel, would not have  materially  added
to that understanding.  Therefore, the request for a  hearing  is  not
favorably considered.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the  panel  finds  insufficient  evidence  of  error  or
injustice and recommends the application be denied.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 4 January 2001, under the provisions  of  AFI 36-
2603:

                 Mr. David C. Van Gasbeck, Panel Chair
                 Mr. Christopher Carey, Member
                 Mr. Dale O. Jackson, Member

By a majority vote, the Board voted  to  deny  the  application.   Mr.
Carey voted to correct the record with respect to award  of  the  GCM,
but did not  desire  to  submit  a  minority  report.   The  following
documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 13 June 00, w/atch.
    Exhibit B.  Fire Related Documents.
    Exhibit C.  Letter, AFPC/DPPPR, dated 13 October 00, w/atch.
    Exhibit D.  Letter, AFPC/DPPPWB, dated 19 October 00.
    Exhibit E.  Letter, SAF/MIBR, dated 10 November 00.
    Exhibit F.  Letter, Counsel, dated 6 December 00, w/atchs.




                                   DAVID C. VAN GASBECK
                                   Panel Chair








MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
        CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:    AFBCMR Application of, Docket
            Number:  00-01951

      I have carefully considered all aspects of this case and do not
agree with the majority of the panel that the applicant’s request with
respect to award of the Good Conduct Medal (GCM) should be denied.

      In arriving at my decision, I noted that the first GCM was
awarded for a period of one year served entirely during the period of
7 December 1941 to 2 March 1946, and was awarded to enlisted members
who distinguished themselves by exemplary behavior, efficiency and
fidelity throughout a period of continuous enlisted active Federal
military service.  Although there was no entitlement to the medal
until the immediate commander approved the award and the award was
announced in permanent orders, given that the applicant was honorably
discharged for honest and faithful service, I must assume that the
commander’s failure to approve the award was due to administrative
oversight.  Moreover, since the applicant’s record was destroyed by
fire in 1973, no documentation exists to verify whether or not he had
a period of misconduct that would have prevented the commander from
approving the decoration.  Therefore, any doubt should be resolved in
favor of the applicant.  In consideration of all the foregoing
factors, I concur with the dissenting member and believe award of the
GCM is warranted.

      Accordingly, it is my decision that his records be corrected  to
show he was awarded the Good Conduct Medal (GCM).





                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency


AFBCMR 00-01951




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, be corrected to show that he was awarded the
Good Conduct Medal (GCM) for service from 16 November 1943 through
15 November 1944.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency


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