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AF | BCMR | CY2005 | BC-2004-02026
Original file (BC-2004-02026.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02026
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States Report of  Transfer
or Discharge, be changed to reflect the award of the Presidential Unit
Citation (PUC), he be identified as an Instructor,  and  his  rank  at
discharge reflect Airman First Class (A1C - E4).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He served with the 821st Operations Squadron that was awarded the PUC.
 On  13  August  1962,  he  received  orders  designating  him  as  an
instructor in the Gunnery Trainer Section and from June 1963  to  June
1964, he was a Defense Systems Instructor.  He states on 7 June  1963,
he received an unfair reduction in rank due to disorderly  conduct  on
post.  He feels  the  omission  of  the  PUC,  his  two  posts  as  an
instructor, and his demotion are injustices that need to be corrected.
 He is 67 years old and considers this a matter of family  pride.   He
feels what he is  asking  for  is  purely  an  administrative/clerical
change and involves no monetary benefit.  He notes his subsequent  30-
year career as an educator and believes he is a patriot.

In support of his appeal, the applicant has provided copies of his  DD
Form 214, special orders indicating assignments, a promotion order, an
order extending his enlistment to allow his attendance  at  a  service
school, and his honorable discharge certificate.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 28  January  1960.   He
attained the grade of A1C, effective  and  with  a  date  of  rank  of
1 October 1962.  On 6 June  1963,  his  commander  recommended  he  be
demoted to the grade of airman second class (A2C/E3) due to him  being
drunk and disorderly on station.  On 7 June 1963, he  was  demoted  to
A2C in lieu of trial by court-martial.  He  was  honorably  discharged
effective 27 July 1964  for  Expiration  of  Term  of  Service,  after
serving for four years and six months.  At the time of  discharge,  he
was serving as an A2C with a date of rank of 7 June 1963.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPF recommends denial of relief regarding applicant’s request  to
have the Instructor Badge added to his DD Form  214.   DPF  references
Air Force Instruction 36-2923,  Aeronautical,  Duty  and  Occupational
Badges, wherein it is stated that the particular badge  the  applicant
requests was not approved for Air Force personnel until 1967  and  was
not retroactive for personnel  previously  identified  as  instructors
prior to 1967.  As he was  discharged  in  1964,  approximately  three
years prior to 1967, he is not authorized to wear the badge.

DPF’s complete evaluation is at Exhibit C.

AFPC/DPPPRA was unable to verify the 821st’s Operations Squadron being
awarded the PUC while he was assigned to that unit  and  is  therefore
unable to recommend the award of the PUC to the applicant.

DPPPRA’s complete evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
10 September 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.   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.   There  was  no   evidence   presented   to
substantiate his claim that his unit was awarded the Presidential Unit
Citation award and he was not authorized to wear the Instructor Badge,
as it was not approved for Air Force personnel until  1967.   Research
did yield he was eligible for the Good Conduct  Medal  (GCM)  and  his
record has been corrected to reflect such.  His  demotion  appears  to
have taken place as a result of a  reprimand  he  received  for  being
drunk and disorderly on station.  He has not shown that the  reprimand
or the demotion was either an injustice or an  error.   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-
2004-02026  in  Executive  Session  on  13  October  2004,  under  the
provisions of AFI 36-2603:

      Ms. Martha J. Evans, Panel Chair
      Mr. Jay H. Jordan, Member
      Ms. Carolyn B. Willis, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Jun 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPF, dated 9 Aug 04.
    Exhibit D.  Letter, AFPC/DPPPRA, dated 26 Aug 04.
    Exhibit E.  Letter, SAF/MRBR, dated 10 Sep 04.




                                   MARTHA J. EVANS
                                   Panel Chair

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