RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-00503
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. He be awarded decorations for his tour of duty in Vietnam.
2. His effective date of promotion to staff sergeant (SSgt) be
changed to read 1 February 1964.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Applicant proffers no contentions.
In support of the appeal, applicant submits a copy of his DD Form 214,
an E-mail note, a copy of his Permanent Change of Station orders, and
a copy of his Special Order for promotion to the grade of SSgt.
Applicant's complete submission, with attachments, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 25 June 1954, for a
period of 4 years.
While reviewing the applicant’s records, it was discovered that there
is an error on his DD Form 214, Certificate of Release or Discharge
from Active Duty effective 23 December 1974. A DD Form 215,
Correction to DD Form 214 has been completed to correct item 24 of the
DD Form 214 to add Vietnam Service Medal, w/4 Bronze Service Stars
(BSS), Republic of Vietnam Gallantry Cross w/Palm, Republic of Vietnam
Campaign Medal, and forwarded to the applicant.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPWB states that in accordance with regulations in effect at
that time, AFR 39-29, 5 June 1962, Promotion of Airmen, para 5a,
airman promotions are announced in order published by the appropriate
headquarters in accordance with AFM 1-3. The effective date of
promotion is the date of the promotion orders except for a basic
airman whose orders specify a later effective date. Major air
commanders may authorize release of names on a selected list before
the scheduled promotion date. Therefore, they recommend denial of
applicant’s request.
A complete copy of the evaluation, with attachments, is attached at
Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 25 April 2003, a copy of the Air Force evaluation was forwarded to
the applicant for review and response within 30 days. As of this
date, no response has been received by this office.
_________________________________________________________________
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. We
agree with the opinion and recommendation of the Air Force and adopt
its rationale as the basis for the conclusion that the applicant has
not been the victim of an error or injustice. The Air Force states
that it discovered an error while reviewing the DD Form 214, and a DD
Form 215 has been completed to add the decorations for applicant’s
tour of duty in Vietnam. We note that the effective date of promotion
is the date of the promotion orders except for a basic airman whose
orders specify a later effective date. It appears to the Board that
the effective date of applicant’s promotion is correctly shown. In
regard to the promotion effective date, 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 in
Executive Session on 25 June 2003, under the provisions of AFI 36-
2603:
Mr. Philip Sheuerman, Panel Chair
Mr. Laurence M. Groner, Member
Mr. James E. Short, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Feb 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPWB, dated 11 Apr 03, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 25 Apr 03.
PHILIP SHEUERMAN
Panel Chair
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