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AF | BCMR | CY2003 | BC-2003-01066
Original file (BC-2003-01066.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2003-01066
                                       INDEX CODE:  107.00
      XXXXXXXXXXXXXXXXXXX               COUNSEL: NONE

      XXXXXXXXXXXXX                     HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214 be corrected to reflect ten missing awards  he  is  entitled
to including the Air Force Overseas (Long and  Short)  Tour  Ribbons,  Small
Arms Expert Marksmanship Ribbon, Air  Force  Outstanding  Unit  Award,  Army
Commendation Medal, Combat Readiness Medal, Armed Forces Service Medal,  and
Army Service Ribbon.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His DD Form 214 is incorrect because it is missing  several  ribbons  he  is
entitled to.  He sent a list  of  the  missing  ribbons  to  the  Air  Force
Personnel Center at Randolph AFB, TX.

In support of his application, the applicant provides a personal;  statement
and copies of his DD Forms 214, Report of Separation From the  Armed  Forces
of the United.  The applicant’s complete submission with attachments  is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 3 June 1947, the applicant enlisted in the Army at the age of  17  for  a
period of three years in the  rank  of  private  (E-1).   He  was  honorably
discharged from the Army on 2  June  1950  due  to  Expiration  of  Term  of
Service (ETS).  The applicant enlisted in the Regular Air Force  on  8  June
1951 in the grade of private first class for a period of four years.  On  16
July  1951,  3 September  1951  and  26  October  1951,  his  character  and
efficiency were rated “excellent.”  On 14 May 1952,  he  received  character
and efficiency ratings  of  “fair”  and  “satisfactory,”  respectively.   He
subsequently received character and efficiency ratings of “excellent”  on  1
July 1953 and 12 February 1954.

On 27 August 1952, the applicant was tried and convicted by a Special Court-
Martial for the offense being Absent Without Leave (AWOL) for the period  14
May 1952 through 5 July 1952.  He was sentenced to two months of hard  labor
and a forfeiture of $28 per  month    On  9  October  1952,  the  unexecuted
portion of the sentence to confinement at hard  labor  for  two  months  and
forfeiture of $28 per month for a like period was remitted.

While serving in the grade of airman  third  class,  on  3  June  1954,  the
applicant was tried  and  convicted  by  a  Summary  Court-Martial  for  the
offense of being AWOL 17-23 May 1954.  He was sentenced to  be  confined  at
hard labor for 15 days and to forfeit $10.  On 9 July 1954  through  14 July
1954, the applicant was considered to be  in  AWOL  status  because  he  was
being retained for a charge of car theft by  civilian  authorities.   On  23
November 1954,  the  applicant  was  convicted  of  car  theft  by  civilian
authorities and fined $5 and sentenced to one year in civilian  confinement.


On 23 May 1955, his commander recommended the applicant for discharge  under
the provisions of AFR 39-17, paragraph 4, by reason of unfitness.   The  Air
Base Group Adjutant found the case to be legally sufficient and  recommended
approval.   The  applicant   acknowledged   receipt   of   his   commander’s
recommendation, waived his rights to appear before a  board,  and  requested
discharge without benefit  of  board  proceedings.   On  24  May  1955,  his
commander accepted the applicant’s request  for  discharge.   The  applicant
was discharged with an undesirable discharge effective  25  May  1955  under
provisions of AFR 39-17.  He had served a total of 5 years, 9 months and  29
days on active duty  and  2  years,  9  months  and  29  days  of  his  last
enlistment.  Time lost was 409 days due to AWOL and confinement.  His  final
character  and  efficiency  ratings  were   “poor”   and   “unsatisfactory,”
respectively.

On 20 March 1981, the applicant appealed to the Air Force  Discharge  Review
Board (AFDRB), requesting that his  undesirable  discharge  be  upgraded  to
honorable.  The AFDRB considered his request on 1 April 1982  and  concluded
his discharge should be upgraded to general (under honorable conditions).

His DD Form 214 reflects that the applicant was awarded the  Korean  Service
Medal, the United Nations Service Medal, and the  National  Defense  Service
Medal.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends disapproval of the applicant’s requests  for  the  Air
Force  Overseas  (Long  and  Short)  Tour   Ribbons,   Small   Arms   Expert
Marksmanship Ribbon, Air Force Outstanding  Unit  Award,  Army  Commendation
Medal, Combat Readiness Medal, Armed Forces Service Medal, and Army  Service
Ribbon.  DPPPR states that none of the units  to  which  the  applicant  was
assigned earned the Outstanding Unit Award while he was  assigned  to  them.
The Air Force Overseas (Long and Short) Tour Ribbons  were  not  established
until 12 October 1980; therefore the applicant is  not  eligible  for  these
ribbons.  The Combat Readiness Medal and Armed  Forces  Service  Medal  were
also not established until well after the applicant  was  discharged  on  25
May 1955.  The Air Force cannot verify the applicant’s eligibility  for,  or
entitlement to the Army Service Ribbon or Army Commendation Medal, and  they
would not be included on his Air Force DD Form 214.  There is  no  award  or
decoration connected with serving in the Air Force Honor Guard.

On 5 May 2003, AFPC/DPPPRA  informed  the  applicant  that  they  could  not
identify any additional awards or decorations to which he was  entitled  and
asked him to provide a list with documents to substantiate each claim.   The
applicant did not respond.

The DPPPR evaluation with attachments is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant  on  3
July 2003 for review and response (Exhibit D).   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 an error or injustice warranting the award  of  the  Air  Force
Overseas (Long and Short)  Tour  Ribbons,  Small  Arms  Expert  Marksmanship
Ribbon, Air Force Outstanding Unit Award, Combat Readiness Medal, and  Armed
Forces  Service  Medal.   We  took  notice  of  the   applicant's   complete
submission in judging the merits of this case; however, 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.

4.  In regards to the Army  Commendation  Medal  and  Army  Service  Ribbon,
these awards would be awarded by the Army when he served  with  that  branch
of service.  These awards would not be listed  on  his  separation  document
when he was discharged from the Air Force.

_________________________________________________________________

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 27 August 2003, under the provisions of AFI 36-2603:

            Ms. Marilyn Thomas, Vice Chair
            Ms. Mary J. Johnson, Member
            Mr. John B. Hennessey, Member


The following documentary evidence for AFBCMR  Docket  Number  BC-2003-01066
was considered:

      Exhibit A.  DD Form 149, dated 21 Mar 03, with attachments.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPPR, dated 1 Jul 03.
      Exhibit D.  Letter, SAF/MRBR, dated 3 Jun 03.




                                  MARILYN THOMAS
                                                   Vice Chair

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