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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