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AF | BCMR | CY2002 | 0201275
Original file (0201275.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-01275
            INDEX CODE:  107.00, 123.08

            COUNSEL:  NONE

            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His DD  Form  214  (Report  of  Separation  from  Active  Duty)  be
corrected to reflect all lost time was paid back and he was awarded
the Distinguished  Service  Medal,  Bronze  Star  Medal,  and  Good
Conduct Medal.

___________________________________________________________________

APPLICANT CONTENDS THAT:

The lost time was paid back by serving additional time at  the  end
of his enlistment and it appears that his  medals  were  denied  on
that basis.

In support of the applicant’s appeal,  he  submitted  a  letter  of
character reference on his  behalf  from  his  parents;  an  Airman
Promotion  Eligibility  Verification   Record;   and   two   airman
performance reports (APR) (reverse side only).

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

On 22 May 69, the applicant enlisted in the Regular  Air  Force  in
the grade of airman  basic  (E-1)  for  a  period  of  four  years.
Applicant’s grade at time of discharge was sergeant (Sgt/E-4).

A resume of applicant’s Airman Performance Reports  (APRs)  profile
follows:

            PERIOD CLOSING              OVERALL EVALUATION

                 22 Mar 71                                    4
                 22 Sep 71                                    7
                  8 May 72                                    6
                  6 Dec 72                                    7

On 26 Jan 70, applicant was convicted by Special Court-Martial  for
being absent without leave (AWOL) from 30 Aug 69 until 3 Nov 69 (on
28 Sep  69,  applicant’s  AWOL  status  was  upgraded  to  deserter
status).  He received a reduction to the grade of airman basic, and
a suspended sentence to confinement at  hard  labor  (CHL)  for  45
days.

On 6 Feb 70, applicant’s date of separation (DOS) was  adjusted  to
10 Aug 73, and his  date  of  rank  (DOR)  and  effective  date  of
promotion to airman (Amn/E-2)  was  adjusted  to  12  Sep  69.   On
11 Apr 72, the squadron commander non-recommended him for retention
based on his lost time.

Applicant’s DD Form 214 reflects time lost periods as: 30 Aug 69  –
27 Sep 69; 28 Sep 69 – 3 Nov 69; and 12 Jan 70 – 26  Jan  70.   His
records reflect that he was awarded  the  Air  Force  Good  Conduct
Medal and the National Defense Service Medal.

On  10  Aug  73,  applicant  was  honorably  discharged  under  the
provisions of AFM 39-10 (separation  upon  expiration  of  term  of
active service).  He was credited with 3 years, 11  months  and  28
days of active duty service.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPW recommends that the applicant’s lost time remain on his
DD Form 214.  Lost time must be recorded on  the  DD Form  214  for
members who have had lost time during an enlistment,  even  if  the
applicant has made all  the  lost  time  good.   The  DD  Form  214
accurately  reflects  lost  time  in  the  amount   of   86   days.
Applicant’s original date of separation (DOS) was 21 May 73 and  he
received 86 days of lost time during  the  enlistment.   Therefore,
his DD Form 214 accurately reflects his adjusted DOS as 10 Aug  73,
which demonstrates that lost time was made good.

A complete copy of the evaluation is at Exhibit C.

HQ AFPC/DPPPR reviewed this  application  and  recommended  denial.
They state the applicant served on active duty  during  the  period
22 May 69 – 10 Aug 73, with an overseas  tour  in  the  Philippines
from 21 May 71 – 22 Jun 72.  His DD Form 214 reflects award of  the
Air Force Good Conduct Medal (AFGCM) and National  Defense  Service
Medal (NDSM).  Applicant was advised that his DD Form 214 reflected
award of the AFGCM and NDSM, and that there was  no  indication  in
his records that he was recommended for, or  awarded,  the  DSM  or
BSM.

A complete copy of the evaluation is at Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant’s father submitted a response  to  the  evaluation  dated
28 Aug  02.   He  resubmitted  the  Airman  Promotion   Eligibility
Verification Record and states it reflects award  of  the  DSM  and
BSM.

He further re-emphasized comments from the  applicant’s  rater  and
endorser about the applicant’s performance during the period of the
reports closing 8 May 72 and 6 Dec 72, respectively.

A complete copy of the response 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.  Insufficient  relevant   evidence   has   been   presented   to
demonstrate the existence of error or injustice.  We took notice of
the applicant's complete submission in judging the  merits  of  the
case.   In  this  respect,  we  note  that  the  Airman   Promotion
Eligibility Verification Record provided by the applicant  reflects
zero in the  section  entitled  “Number  of  Decorations”  for  the
Distinguished Service Medal and Bronze Star Medal.   Therefore,  we
agree with the opinion and recommendation of the Air  Force  office
of primary responsibility and adopt their rationale  as  the  basis
for our conclusion that the applicant has not been the victim of an
error or injustice.  Therefore, in the absence of evidence  to  the
contrary, we find no compelling basis  to  recommend  granting  the
relief sought in this application.

___________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified  that  the  evidence  presented  did  not
demonstrate the existence of 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
AFBCMR Docket Number 02-01275 in  Executive  Session  on  9 Oct 02,
under the provisions of AFI 36-2603:

      Mr. Vaughn E. Schlunz, Panel Chair
      Mr. Clarence D. Long, III, Member
      Ms. Brenda L. Romine, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 8 Apr 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPW, dated 22 May 02.
    Exhibit D.  Letter, HQ AFPC/DPPPR, dated 22 Jul 02, w/atch.
    Exhibit E.  Letter, SAF/MRBR, dated 26 Jul 02, w/atchs.
    Exhibit F.  Letter, Applicant’s Father, dated 28 Aug 02,
                w/atchs.




                                   VAUGHN E. SCHLUNZ
                                   Panel Chair

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