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AF | BCMR | CY2001 | 0101288
Original file (0101288.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-01288
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect award of the Air Force Outstanding
Unit Award (AFOUA), Ninth Oak Leaf Cluster (9OLC).

_________________________________________________________________

APPLICANT CONTENDS THAT:

The medals and awards were  not  approved  for  presentation  for  his
service in Albania and Kosovo at the time of his separation.

In support of his appeal, the applicant provided copies of an  AF Form
104, Service Award Verification, and his separation document.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application 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 Recognition Program Branch, AFPC/DPPPR, reviewed this  application
and recommended denial of the applicant’s request  for  award  of  the
AFOUA (9OLC).

DPPPR noted that the applicant served on active duty during the period
27 Dec 85 to 5 Mar 00.  His DD Form 214 reflected award of  the  AFOUA
with V device and eight (8) OLCs and the Joint Meritorious Unit  Award
(JMUA).

DPPPR indicated that on 24 May 01, their office informed the applicant
that they needed  documentation  to  verify  his  entitlement  to  the
additional awards he requested and that they  could  only  verify  his
entitlement to the AFOUA (2OLC) at that time.

According to DPPPR, the applicant responded on 17  Jun  01,  providing
documentation that enabled them  to  verify  his  entitlement  to  the
Kosovo  Campaign  Medal  with  First  (1)  Bronze  Service  Star   and
Humanitarian Service Medal.  He stated that he had gone back to Tinker
AFB and it was confirmed that he was  not  entitled  to  an  oak  leaf
cluster to the Joint Meritorious Unit Citation.

DPPPR stated that,  on  29  Jun  01,  they  verified  the  applicant’s
entitlement to those awards he requested, except for the AFOUA.   Each
assignment and temporary duty (TDY) was listed, showing the unit award
earned each time.  The applicant was informed  that  they  could  only
verify the AFOUA with 1 Silver (denotes 5 bronze OLCs)  OLC.   He  was
asked to withdraw his application if he agreed.  The applicant did not
respond.

According to DPPPR, the applicant’s DD Form 214 has been corrected  to
reflect award of the Humanitarian Service Medal  and  Kosovo  Campaign
Medal with one (1) Bronze Service Star (1BSS).   Since  the  applicant
admitted that Tinker AFB OK had misinformed him  regarding  the  Joint
Meritorious Unit  Award,  they  no  longer  consider  this  an  issue.
Unfortunately, the applicant’s records showed credit for AFOUAs earned
not only by the unit to which he was assigned,  but  also  the  parent
unit, in several cases.  Therefore, his DD Form 214 reflected award of
eight (8) bronze OLCs when, in fact, he is only entitled to  1  silver
OLC.  However, it is not their policy to delete awards once  they  are
reflected on a DD Form 214.  They believe, after the addition  of  the
Humanitarian Service Medal and Kosovo  Campaign  Medal  with  1 Bronze
Star, the applicant’s DD Form 214 should be considered correct.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  14
Sep 01 for review and response.  As of this date, no response has been
received by this office (Exhibit D).

_________________________________________________________________

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 regarding the applicant’s
request for award  of  the  AFOUA  (9OLC).   We  took  notice  of  the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and recommendation of the Air Force
office of primary responsibility (OPR) and adopt  their  rationale  as
the basis for our conclusion that  the  applicant  has  not  been  the
victim of an error or injustice.  No evidence has been presented which
would lead us to believe that the applicant was entitled to the award.
 Therefore, in the absence of evidence to the  contrary,  we  find  no
basis to recommend favorable action on the applicant’s request.

4.  With regard to  the  applicant’s  requests  for  the  Humanitarian
Service Medal and Kosovo Campaign  Medal  (1BSS),  we  note  that  the
requests have been resolved administratively.   Also,  concerning  his
request for award of the  JMUA,  we  note  that  DPPPR  indicated  the
applicant has admitted he was misinformed  about  his  entitlement  to
this award and that they no longer consider this an issue.  We  agree.
In view of the foregoing, no further action is contemplated  regarding
these 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 23 Oct 01, under the provisions of AFI 36-2603:

      Ms. Patricia D. Vestal, Panel Chair
      Mr. Billy C. Baxter, Member
      Mr. Mike Novel, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 May 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 30 Aug 01, w/atchs.
    Exhibit D.  Letter, SAF/MIBR, dated 14 Sep 01.




                                   PATRICIA D. VESTAL
                                   Panel Chair


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