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AF | BCMR | CY2002 | BC-2002-02055
Original file (BC-2002-02055.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                            DOCKET NUMBER:  02-02055
                                             INDEX CODE:  110.00
                                             COUNSEL:  NONE

                                             HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Air Force Overseas Long and Short  Tour  Ribbons  (AFOLTR,
AFOSTR) and Air Force Training Ribbon (AFTR).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He served in Germany on a long tour from 1964 through 1967.   He  served  in
Thailand from 1967 through 1968 and Alaska from 1970 through 1975.  He  took
basic training while an enlisted member at  Parks  AFB,  CA  from  August  -
September 1956.

In support of his application he submits a copy of his  DD  Form  214.   The
applicant’s complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s service history record indicates that  he  enlisted  in  the
Regular Air Force on 16 August 1956 and served in  this  capacity  until  20
December 1962.  On 21 December 1962, he accepted a commission and  continued
to serve until his retirement in the grade of  major  on  1 September  1976.
He was credited with 20 years and 15 days of active service for  retirement.
 Records indicate he had foreign service assignments  in  Germany,  Thailand
and Alaska.  He was awarded the Air Force Outstanding  Unit  Award  w/device
(AFOUAw/Dev); Republic of Vietnam Gallantry Cross/with  device  (RVGCw/Dev);
ADFRM…[sic] Armed Forces Reserve Medal (AFRM); Republic of Vietnam  Campaign
Medal  (RVCM);  Small  Arms  Expert  Marksmanship  Ribbon  (SAEMR);   Combat
Readiness Medal  (CRM);  National  Defense  Service  Medal  (NDSM);  Vietnam
Service Medal (VSM); Bronze Star Medal; Air Force Commendation Medal,  First
Oak Leaf Cluster (AFCMw/1OLC) and the Meritorious Service Medal (MSM).

This same appeal by the applicant was considered and  denied  by  Air  Force
Personnel Council on 18 March 1988.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied.  DPPPR stated that,  on  17
July 2002, they advised  the  applicant  that  he  was  ineligible  for  the
requested ribbons.  DPPPR states that  the  AFOLTR,  AFOSTR  and  AFTR  were
established on 12 October 1980 and are awarded to Active Duty,  Reserve  and
National Guard Air Force personnel who were  on  active  status  as  of  the
institution date to qualify for these ribbons.  Since the applicant  retired
on 31 August 1976, he is not eligible for any of the awards.

DPPPR noted that  on  2  August  2002,  applicant  responded  to  the  their
notification that he was ineligible for  the  requested  awards  by  stating
that after 14 years, he had hoped that the injustice of overlooking  thirty-
three years of Air Force veterans through the Vietnam War, Korean  War,  and
most of the Cold War would be corrected.

The DPPPR evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 16 August 2002, a copy of the Air Force evaluation was forwarded  to  the
applicant for review and  response.   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 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.   The  applicant’s  contentions  are  duly
noted, however, we find his assertions, in and by  themselves,  insufficient
to support findings that he was entitled to the Air Force Overseas Long  and
Short Tour Ribbons and the Air Force Training Ribbon since  he  was  retired
before  the  awards  were  established  and  there  is  no  indication  that
responsible officials made the decision to extend the eligibility for  these
awards to members  previously  separated.   Therefore,  we  agree  with  the
opinion  and  recommendation  of  the  Air  Force  office  and  adopt  their
rationale as the basis for our conclusion that the applicant has  failed  to
sustain his burden that he has suffered either  an  error  or  injustice  in
this matter.  While we appreciate and honor the applicant’s service  to  his
country, in view of the above and absent  persuasive  evidence  showing  his
records are in error or unjust or  that  he  was  treated  differently  from
other  similarly  situated  individuals,  the  applicant’s  request  is  not
favorably considered.

_________________________________________________________________

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 26 November 2002, under the provisions of AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Mr. Billy C. Baxter, Member
      Ms. Cheryl Jacobsen, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 June 2002 w/atchs.
    Exhibit B.  Applicant’s Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 12 August 2002 w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 16 August 2002.





                                   RICHARD A. PETERSON
                                   Panel Chair

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