RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2003-02109

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of  Release  or  Discharge  from  Active  Duty,
issued in conjunction with his 1 December 1994 release from active duty,  be
amended to include the Air Force Good Conduct Medal (AFGCM).

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

He served over three years of  active  service  without  any  discrepancies.
Since the AFGCM is awarded for the  completion  of  three  years  of  active
service, he should be awarded the AFGCM.  He is currently serving on  active
duty in the Navy.

In support of the appeal, the applicant submits a copy of his DD Form 214.

Applicant’s complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant served on active duty from 27 August 1991  until  his  release
from active duty on 1 December 1994, and transfer to the Air Force  Reserve.
 He completed 3 years, 3 months, and 5  days  of  active  service  that  was
characterized as honorable.  He  was  awarded  the  Air  Force  Commendation
Medal (AFCM), Air Force Training Ribbon,  National  Defense  Service  Medal,
and Air Force Overseas Long Tour Ribbon.  His  performance  reports  reflect
ratings of 5, 4, and 3.

The personnel system automatically updates the award of the AFGCM  based  on
a three-year period of continuous honorable service from  a  member’s  AFGCM
start date, unless the commander submits a  letter  recommending  denial  of
the AFGCM.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied and states,  in  part,  that
the AFGCM is awarded for three years of exemplary behavior  and  performance
of duty.  The applicant did not provide any  documentation  to  support  his
claim.  Furthermore,  there  is  no  indication  in  his  records  that  his
commander recommended him for award of the AFGCM and there is no  letter  of
denial in his records.  His performance reports are all marked down  on  the
front and his  overall  ratings  are  progressively  lower.   The  AFGCM  is
awarded for overall behavior and performance of duty.  His duty  performance
was obviously not the best, as he was not recommended for promotion  on  any
of his performance reports.

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

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 3 October 2003 for review and response within 30 days.   However,  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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of error or injustice.  A majority of the Board finds that in  the
absence of evidence to indicate the commander denied the applicant award  of
the AFGCM his records should be corrected to reflect  that  he  was  awarded
the AFGCM.  In this respect, a majority of the Board notes  that  while  his
duty performance was not the best, he did complete an  overseas  long  tour,
was honorably discharged, and awarded the AFCM.  In view of this, and  since
there is no evidence of any misconduct or disciplinary  action  being  taken
against him, a majority of the Board recommends his records be corrected  to
the extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that he was awarded  the  Air  Force  Good
Conduct Medal for the period 27 August 1991 through 26 August 1994.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2003-02109
in Executive Session on 5 November 2003, under the  provisions  of  AFI  36-
2603:

                       Ms. Brenda L. Romine, Panel Chair
                       Mr. James W. Russell, III, Member
                       Ms. Leslie E. Abbott, Member

By majority vote, the Board voted to correct the  records,  as  recommended.
Ms. Abbott voted to deny  the  application  and  has  submitted  a  Minority
Report, which is attached at Exhibit E.  The following documentary  evidence
was considered:

    Exhibit A.  DD Form 149, dated 16 Jun 03, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 24 Sep 03, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 3 Oct 03.
    Exhibit E.  Minority Report.


                                   BRENDA L. ROMINE
                                   Panel Chair

AFBCMR BC-2003-02109




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that he was awarded the Air
Force Good Conduct Medal for the period 27 August 1991 through 26 August
1994, .








JOE G. LINEBERGER

Director

Air Force Review Boards Agency


MEMORANDUM FOR THE     EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
                 CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  APPLICANT, DOCKET NO: BC-2003-02109

      The majority of the Board recommends favorable  consideration  of  the
applicant’s request to be awarded the Air Force Good Conduct  Medal  (AFGCM)
because there is no evidence the commander  took  action  to  deny  him  the
award.  I respectfully disagree.

      The AFGCM is awarded  to  enlisted  personnel  for  exemplary  conduct
while in the  active  military  service.   Each  month  an  AFGCM  Selection
Listing is furnished  to  each  member’s  unit  commander  reflecting  those
individuals  awarded  the  AFGCM  for  the  current  month.   The   Military
Personnel Data System is programmed to automatically update the award  based
on three years from the AFGCM  start  date.   If,  on  reviewing  the  AFGCM
Selection Listing, the commander determines an individual  is  not  eligible
for the award, a letter of denial is provided.

      The majority of the Board finds the absence of an AFGCM denial letter
sufficient to warrant corrective action.  However, I find the contrary is
true since there had to be some action taken by the commander to deny him
the award or it would have been automatically updated in his records.
Furthermore, although there is no evidence of disciplinary action being
taken against the applicant during the contested period, in determining
whether to award the AFGCM, commanders are instructed to avoid awarding the
AFGCM solely on the basis of minimally acceptable performance and merely
staying out of trouble.  As evidenced by his performance reports, his
performance was not exemplary.  Furthermore, based upon the presumption of
regularity in the conduct of governmental affairs and without evidence to
the contrary, I must assume that since the AFGCM is not reflected in his
records, the commander took action to deny him the award.

      In view of the above, I find that the applicant has not satisfied his
burden to show there has been an error or injustice.  Based on the totality
of the evidence presented and the service record of this veteran, I
recommend the requested relief be denied.




                                        LESLIE E. ABBOTT
                                        Panel Member