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AF | BCMR | CY2005 | BC-2005-01325
Original file (BC-2005-01325.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01325
            INDEX CODE:  107.00
      XXXXXXXXXXXXX    COUNSEL:  NOT INDICATED

      XXXXXXXXXXXXXXXX HEARING DESIRED:  NOT INDICATED

MANDATORY CASE COMPLETION DATE:  22 SEP 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His  records  be  corrected  to  show  he  was  awarded  the  Army
Commendation Medal (ARCOM) and the Good Conduct Medal (GCM).

2.  His rank be corrected to reflect airman  first  class  (E-4)  vice
airman third class (E-1).

3.  His DD Form 214, Report of Separation from the Armed Forces of the
United States be changed to reflect Air Force  Specialty  Code  (AFSC)
90250,  Medical  Service  Specialist  vice   90230   Medical   Service
Apprentice.

4.  Item 46 of his DD Form 214 should reflect he completed 3 years  of
high school.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His DD Form 214 should reflect the rank  of  airman  first  class,  he
completed 3 years of high school, he was awarded the  ARCOM,  the  GCM
and his AFSC should be 90250.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s records reflect he entered active duty on 20 February 1950
in the grade of private.  He was promoted to private first class on 16
June 1950 and to corporal on 1 February 1951.   On  28 July  1952,  he
received an Article 15 with reduction to the  grade  of  airman  third
class.  On 17 December 1953, he was discharged for the convenience  of
the government in the grade of airman third class.

His records reflect he served in Japan from 24  December  1952  to  26
December 1952 and in Korea from 27 December 1952 to 28 October 1953.

He is entitled to the Korean Service Medal, National  Defense  Service
Medal, and the United Nations Service  Medal.   He  served  3 years  9
months and 28 days of active military service.

_________________________________________________________________

AIR FORCE EVALUATION:

The AFPC/DPPPWB recommends denial.  DPPPWB states  the  applicant  was
never promoted to or held the  rank  of  E-4  airman  first  class  or
sergeant.  According to DPPPWB,  the  applicant’s  military  personnel
records reflect he received an Article 15 on 29 July 1952, which  made
him ineligible for the GCM during his  enlistment.   DPPPWB  was  also
unable to find any decoration recommendation being submitted on behalf
of the applicant by anyone within his reporting chain.

DPPPWB states in accordance with current regulations (AFI 36-2803)  no
individual is automatically entitled to a decoration  upon  completion
of an operational TDY or departure for an assignment.  It also  states
not to award or present  a  decoration  to  any  person  whose  entire
service for  the  period  covered  by  the  decoration  has  not  been
honorable.

The DPPPWB’s evaluation is at Exhibit C.

AFPC/DPPAC recommends denial.  DPPAC states the  applicant’s  DD  Form
214 accurately reflects the  specialty  number  at  the  time  of  his
separation.

According to DPPAC although the applicant was awarded the primary AFSC
of  90250  in  June  1951,  documentation  in  his  personnel  records
indicates that his primary AFSC of 90250 was downgraded to 90230,  per
HQ Bryan AFB,  TX,  personnel  actions  Memorandum  Number  47,  dated
10 September 1952.  The  change  was  requested  on  28  August  1952,
because he possessed an AFSC higher than that permitted for his  grade
as established in table 4, paragraph 15, AFR 35-392.

The DPPAC’s evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states the Article 15 he received  dated  28 July  1952,
was appealed and the Air Inspector reversed the  Article  15  and  his
rank was restored.  He contends his unit in Korea recommended him  for
the GCM.  He states he was promoted to airman first class  in  October
1953 before he was discharged in December,  which  would  restore  his
AFSC to 90250.

The applicant also states his DD Form 214 reflects one year  completed
at the high school level but should reflect he completed  high  school
because he graduated in June 1949.  He is not sure why his records are
inaccurate,  but  would  like  to  have  them  cleared  up.   He   was
recommended for the ARCOM for his work on a crash rescue crew  and  is
not sure what happened with awarding this medal.

Applicant’s complete response, with attachment, is at Exhibit F.

_________________________________________________________________

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
applicant’s submission and the available evidence of  record,  we  are
not persuaded that the relief requested should be  granted.   We  took
notice of the complete submission in judging the merits of  the  case;
however, we agree with the opinions and  recommendations  of  the  Air
Force offices of primary responsibility and adopt their  rationale  as
the basis for our conclusion that the former member has not  been  the
victim of an error or injustice.  In regards to the applicants request
that his records be corrected to show he completed high school, should
he secure evidence in the form of a high  school  diploma  showing  he
completed high school the Board would  reconsider  this  part  of  his
request.  In the absence of such evidence, we find no compelling basis
to warrant favorable  consideration  of  the  relief  sought  in  this
application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of a 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 no considered with this application.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2005-
01325 in Executive Session on 24 August 2005, under the provisions  of
AFI 36-2603:

                 Ms. Kathleen F. Graham, Panel Chair
                 Mr. Michael K. Gallogly, Member
                 Mr. John B. Hennessey, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 11 Apr 05.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPWB, dated 24 Jun 05.
      Exhibit D. Letter, AFPC/DPPAC, dated 7 Jun 05.
      Exhibit E. Letter, SAF/MRBR, dated 15 Jul 05.
      Exhibit F. Letter, Applicant, dated 18 Jul 05, w/atch.







      KATHLEEN F. GRAHAM
      Panel Chair





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