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AF | BCMR | CY2003 | BC-2003-01605
Original file (BC-2003-01605.doc) Auto-classification: Denied





                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01605
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Air Force Good Conduct Medal (AFGCM) be reinstated and recorded on
his DD Form 214.
_________________________________________________________________

APPLICANT CONTENDS THAT:

It was recently brought to his attention that his service in  the  Air
Force Reserve (AFRES) could mitigate the consequences of  his  summary
courts-martial while in the Regular Air Force.

In support of his  appeal,  the  applicant  has  provided  a  personal
statement, a copy of his DD Form 214, a copy of  his  AFRES  discharge
certificate and copies of other discharge related documents.

His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant contracted his enlistment in the Regular Air Force on 30
August 1960.  He attained the grade of Airman 2nd Class  (E-3) with  a
date of rank of 1 June 1963.   Applicant  notes  on  a  DD  Form  398,
Statement of Personal History (Security Questionnaire), dated  26  May
1976, that he was Court Martialed in 1962, while stationed at Lackland
AFB, for borrowing another airman’s ID card.  His punishment is  noted
as being reduced one grade in rank and confined to  the  base  for  30
days.  The AFGCM is awarded to those enlisted airmen who serve  for  3
years on active duty with exemplary service and behavior.  Applicant’s
commander denied him the AFGCM because of the Court Martial.   He  was
honorably discharged for Convenience of the Government, Early  Release
from Active Duty to Attended College, on 18 August 1964 after  serving
three years, eleven months and seventeen days.  His DD  214  reflected
two days of lost time.

_________________________________________________________________




AIR FORCE EVALUATION:

AFPC/DPPPR reviewed this application and  recommended  denial.   DPPPR
notified the applicant via letter dated 10 June 2003, of the  criteria
for the award of the AFGCM and informed the applicant that  subsequent
behavior in the AFRES had no bearing on his service  while  on  active
duty.  DPPPR notes that the applicant received a Summary Court-Martial
in 1962 for borrowing another  airman’s  identification  card.   DPPPR
noted that as applicant’s  service  was  not  exemplary,  he  was  not
eligible for the AFGCM and he was asked to withdraw  his  application.
The applicant refused.  DPPPR adds, though admitting no bearing on the
applicant’s request, that the applicant served honorably in the  AFRES
twice but on his third enlistment with US Army Reserve he  received  a
General discharge for non-participation.

DPPPR’s complete 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 comment 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.  After a thorough review  of  the
evidence of record and applicant's submission, we  are  not  persuaded
that his uncorroborated assertions, in and by themselves, sufficiently
persuasive to override the rationale provided by the Air  Force.   The
AFGCM  is  awarded  to  those  enlisted  personnel  who,   for   three
consecutive years, perform in an exemplary  manner.   The  applicant’s
commander felt that the applicant, a recipient of an Article  15,  did
not perform in an  exemplary  fashion,  and  absent  evidence  to  the
contrary,  we  cannot  find  fault  with  the  commander’s   decision.
Therefore, we agree with the opinion and  recommendation  of  the  Air
Force  office  of  primary  responsibility  and  adopt  the  rationale
expressed as the basis for our decision that the applicant has  failed
to sustain his burden of having suffered either an error or injustice.
 Consequently, in the absence of persuasive 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 BC-
2003-01605  in  Executive  Session  on  19  August  2003,  under   the
provisions of AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Mr. Roscoe Hinton, Member
      Ms. Cheryl Jacobson, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 May 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 1 Jul 03, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 3 Jul 03.




                                   RICHARD A. PETERSON
                                   Panel Chair



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