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AF | BCMR | CY2003 | BC-2002-02780
Original file (BC-2002-02780.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-02780
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His military personnel records reflect  award  of  the  Meritorious  Service
Medal (MSM).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was to be  awarded  the  MSM  upon  retirement;  however,  his  commander
awarded it to him on approximately 10 June 1976.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

During the time period in question the applicant  enlisted  in  the  Regular
Air Force on 28 February 1972 for a period of four (4) years.

Applicant was honorably released from active duty on 29  February  1976,  in
the grade of senior master  sergeant,  under  the  provisions  of  AFM  35-7
(Service Retirement) and retired effective 1 March 1976.  He served a  total
of 28 years and 3 days total active military service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial.  They indicated that  on  30 September  2002,
they informed the applicant that there was  no  indication  in  his  records
indicating he had been recommended for, or awarded, the MSM.  He  was  asked
to provide a copy of the order awarding him the MSM.  He did not respond.

The applicant has not provided any document to substantiate his  claim  that
he  was  awarded  the  MSM.   Without  an  order,  they  cannot  verify  his
eligibility for this decoration.

The evaluation, with attachment, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and indicated  that  he  received  the
MSM three (3) months after retirement at his last duty station,  Kadena  AFB
Okinawa, Japan, by his commander.   Since  he  was  working  on  Kadena  and
separated from his family, who remained in the States, he mailed the  medal,
citation, and order to his son.  That was over 25 years ago and  since  then
his son has been married, divorced and spent time in the  Army.   He  states
that he contacted his son and he claims that somewhere  during  this  period
he lost the documents and medal.

Applicant’s complete response is at Exhibit E.

_________________________________________________________________

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 an error or an injustice warranting  the  applicant’s  military
personnel records reflect award of the Meritorious Service Medal (MSM).   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 and adopt their rationale as the basis for  our  conclusion  that  the
applicant has not been the victim of an error or  injustice.   According  to
the applicant’s military personnel records there is no  indication  that  he
was recommended for, or awarded the MSM.  On 30  September  2002  AFPC/DPPPR
requested the applicant provide a copy of the order awarding  him  the  MSM.
He did not respond.  Without an order, verification of his  eligibility  for
the MSM cannot be verified.  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 AFBCMR Docket Number  02-02780
in Executive Session on 28 January 2003, under the  provisions  of  AFI  36-
2603:

                  Mr. Richard A. Peterson, Panel Chair
                  Ms. Diane Arnold, Member
                  Mr. Michael Barbino, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 8 August 2002.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPR, dated 18 November 2002,
               w/atch.
   Exhibit D.  Letter, SAF/MRBR, dated 22 November 2002.
   Exhibit E.  Letter, Applicant, undated.




                                RICHARD A. PETERSON
                                Panel Chair

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