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AF | BCMR | CY2004 | BC-2004-00527
Original file (BC-2004-00527.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00527

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Air Force Basic Transportation Badge be added to his military records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The record of error was due to an oversight.  He met all qualifications  and
should be awarded this badge.

In support of his request, applicant provided his DD Form 214.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an  airman  basic  on  21
January 1986.  He was discharged under the provisions of AFR 39-10  (Pattern
of  Misconduct,  specifically,  Conduct  Prejudicial  to  Good   Order   and
Discipline) from the Air Force on 26 December 1989  with  a  general  (under
honorable conditions) discharge.  He served 3 yearS, 11 months  and  6  days
of total active duty service.

His medals, badges and ribbons  when  discharged,  included  the  Air  Force
Training Ribbon, Air Force Achievement Medal, Air Force Good Conduct  Medal,
Air Force Overseas Long Tour Ribbon and the Small Arms  Expert  Marksmanship
Ribbon.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSFOC recommends  denial  and  states  after  reviewing  the  member’s
record and other historical  data,  they  find  the  member’s  DD  Form  214
accurate.  The Transportation Badge was created after his discharge in  1994
and there were  no  provisions  made  to  award  this  badge  retroactively;
therefore, the applicant is not  entitled  to  any  Air  Force  Occupational
badges.

AFPC/DPSFOC complete evaluation 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 2 April 2004, 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  that  would  warrant  the  award  of  the
Transportation  Badge.   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   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.   In
this regard, it appears the  Transportation  Badge  was  created  after  the
applicant’s discharge from the Air Force and there were no  provisions  made
to award this badge retroactive. 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  BC-2004-
00527 in Executive Session on 3 June 2004, under the provisions of  AFI  36-
2603:

                 Mr. Gregory H. Petkoff, Panel Chair
                 Ms. Renee M. Collier, Member
                 Ms. Martha A. Maust, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 13 Feb 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSFOC, dated 31 Mar 04.
    Exhibit D.  Letter, SAF/MRBR, dated 31 Mar 04.




                                   GREGORY H. PETKOFF
                                   Panel Chair

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