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Decision Text

AF | BCMR | CY2005 | BC-2004-01303A
Original file (BC-2004-01303A.doc) Auto-classification: Denied

                            ADDENDUM TO
                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01303
            INDEX CODE:  115.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  14 Oct 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect award of the Aircrew Member  Badge
and the addition of his C-123 flying hours to his flight records.

(EXAMINER’S NOTE:  It appears the applicant’s request that his records
be corrected to reflect award of the Aircrew  Member  Badge  has  been
corrected administratively).

_________________________________________________________________

STATEMENT OF FACTS:


On  19  Aug  04,  the  Board  considered  and  denied  an  application
pertaining to the applicant, in which he requested that his records be
corrected to reflect  award  of  the  Aircrew  Member  Badge  and  the
addition of his C-123 flying hours to his flight records.  A  complete
copy of the Record of Proceedings  is  attached  at  Exhibit  F  (with
Exhibits A through E).


The applicant has provided additional documentary evidence through his
congressman’s office and requests reconsideration of his  application.
In his most recent submission, the applicant provided a statement from
his  former  maintenance  superintendent  indicating  he  had   direct
knowledge the applicant  flew  well  over  10  combat  missions  as  a
crewmember on C-123 aircrafts.

Applicant’s complete submission, with attachments, is at Exhibit G.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ  USAF/XOOT  indicated  that  they  have  reviewed  the   additional
information provided by  the  applicant  for  award  of  the  Enlisted
Aircrew Member  Badge  and  determined  he  met  the  requirement  for
permanent award of the  badge  by  performing  aircrew  duties  for  a
minimum of 10 combat missions in a combat zone. They have approved his
award of the Enlisted Aircrew Member Badge and have directed  the  Air
Force Personnel Center (AFPC) to correct the  applicant’s  records  to
reflect award of the badge.  Additionally, an Enlisted Aircrew  Member
Badge was forwarded to the applicant.

According to HQ USAF/XOOT, the additional documentation did not change
their recommendation  for  disapproving  the  applicant’s  request  to
include C-123 flying hours in his flight records.  The Air Force  does
not keep individual flight records on individuals who  have  separated
or retired.  Upon separation or retirement  from  service,  individual
flight  records  are  returned  to  the  member.   Additionally,   the
retention period for records of individual aircraft  flying  time  was
thirteen months during the period of the  applicant’s  service,  after
which  the  documents  were  destroyed  in  accordance  with   records
disposition schedules.

A complete copy of the HQ USAF/XOOT evaluation, with attachment, is at
Exhibit H.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 7 Jun
05 for review and response.  As of this date,  no  response  has  been
received by this office (Exhibit I).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  Since it appears the  applicant’s  request  to  have  his  records
corrected to reflect award  of  the  Aircrew  Member  Badge  has  been
corrected administratively, no further action by the Board  concerning
this portion of his appeal is necessary.

2.  In an earlier finding, we determined that there  was  insufficient
evidence to warrant any corrective action  regarding  the  applicant’s
request that his records be corrected to reflect the addition of his C-
123 flying hours to his flight records.  His  most  recent  submission
was thoroughly reviewed and his contentions were duly noted.  However,
we did not  find  his  assertions  and  his  supporting  documentation
sufficiently persuasive to override the rationale proffered by the Air
Force office of  primary  responsibility  (OPR).   Therefore,  in  the
absence of sufficient evidence to the  contrary,  we  agree  with  the
recommendation of the OPR and adopt its rationale as the basis for our
decision that the applicant  has  failed  to  sustain  his  burden  of
establishing  he  has  suffered  either  an  error  or  an  injustice.
Accordingly, we conclude that no compelling basis exists to  recommend
favorable action on his request.

_________________________________________________________________

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-
2004-01303 in Executive Session on 9 Sep 05, under the  provisions  of
AFI 36-2603:

      Mr. Wayne R. Gracie, Panel Chair
      Ms. Jean A. Reynolds, Member
      Ms. Sharon B. Seymour, Member

The following additional documentary evidence was considered:

    Exhibit F.  Record of Proceedings, dated 1 Sep 04,
                w/atchs.
    Exhibit G.  Letter from Congressman, dated 11 Apr 05,
                w/atchs.
    Exhibit H.  Ltr, HQ USAF/XOOT, dated 16 May 05.
    Exhibit I.  Ltr, AFBCMR, dated 7 Jun 05, w/atch.




                                   WAYNE R. GRACIE
                                   Panel Chair



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