RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02479
            INDEX CODE:  107.00, 128.05

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  12 FEB 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or  Discharge  from  Active
Duty, be corrected to show that  he  was  awarded  the  Meritorious
Service Medal (MSM) and  eligible  for  the  Variable  Reenlistment
Bonus (VRB).

___________________________________________________________________

APPLICANT CONTENDS THAT:

He should have been awarded MSM for  the  period  of  service  from
3 Aug 79 to 31 Jul 82.

He reenlisted in Jul 65, under VRB-4.  He was told  at  that  time,
since he had prior service he was not eligible for VRB even  though
he never received a reenlistment  bonus.   However,  after  talking
with other Air Traffic Controllers of his time and finding out that
he was due a reenlistment bonus, he believes it should be awarded.

In  support  of  his  appeal,  applicant  submitted   a   copy   of
DD Form 214, Certificate of Release or Discharge from Active  Duty,
dated 31 Jul 82 and a copy of  the  citation  and  certificate  for
award of the MSM.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant entered active duty on 11 Jul 56 until his  discharge  of
14 Jan 60.  He enlisted  on  7  Jul  61  had  continuous  honorable
service  until  his  retirement  effective  1  Aug  82.    He   was
progressively promoted to the grade of senior master sergeant  with
an effective date and date of rank of 1 Sep 79.   He  was  credited
with 24 years, 6 months, and 28 days of active duty service.

Applicant’s records reflect award of  the  Air  Force  Commendation
Medal, w/3 Oak Leaf Clusters (OLCs), Air  Force  Longevity  Service
Medal, w/5OLCs, National Defense Service Medal, Small  Arms  Expert
Marksmanship Ribbon, NCO Professional Military  Education,  w/1OLC,
Vietnam Service  Medal,  w/3OLCs,  Republic  of  Vietnam  Gallantry
Cross, with Device, Air Force  Outstanding  Unit  Award,  Air Force
Organizational Excellence Award,  Air  Force  Good  Conduct  Medal,
w/5OLCs, and the Army Good Conduct Medal.

By letter, dated 1 Nov 05,  applicant  was  advised  of  the  basic
eligibility requirements for receipt of the VRB required  that  you
be a first-term airman (FTA);  serving  in  the  grade  of  A2C  or
higher; possess a 5 or 7 skill level  in  an  awarded  Control  Air
Force Specialty Code (CAFSC); been selected for reenlistment;  have
an original Expiration Term of Service (ETS) on or after 15 Jul 65,
and reenlist for a period of 4 years.  AFM  39-9,  Reenlistment  in
the Regular Air Force defines a FTA as: “Airman  serving  on  their
first Air Force enlistment (having not more than six  months  prior
active service).”  Applicant’s record reflect that he  served  from
11 Jul 56 to 14 Jan 60, which exceeds the 6  months  of  continuous
active duty or active duty for training requirement in AFM 39-9.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR reviewed this  application  and  recommended  denial.
After a complete review of the applicant’s official military record
and provided documentation, they were unable to  locate  a  special
order (SO) to  the  requested  MSM.   The  applicant  provided  the
certificate and citation for the requested MSM  for  the  inclusive
time period of 3 Aug 79 to 31 Jul 82; however, the special order is
required to validate the decoration.

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 23 Dec 05 for review and comment within 30  days.   As  of  this
date, no response has been received by this office (Exhibit D).

___________________________________________________________________

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  warranting  award  of  the
Meritorious Service Medal.  In  this  respect,  we  note  that  the
applicant’s record contains the original citation that  accompanied
the award.  Based on the evidence of record and  that  provided  by
the applicant, we believe that any doubt should be resolved in  the
applicant’s favor and  that  his  record  should  be  corrected  to
reflect award of the Meritorious Service  Medal.   Accordingly,  we
recommend that the applicant’s records be corrected to  the  extent
indicated below.

4.  The Board considered the applicant’s request that  his  records
reflect that he was eligible for the  Variable  Reenlistment  Bonus
(VRB).   The  applicant  was  advised  of  the  basic   eligibility
requirement for the VRB and that he did not  meet  the  eligibility
requirement.  Therefore, based on the available evidence of record,
we find no basis upon which to favorably consider his  request  for
the VRB.

___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the  Air  Force
relating to APPLICANT, be corrected to show that on 1 July 1982, he
was  awarded  the  Meritorious  Service  Medal,  for   the   period
3 August 1979 – 31 July 1982, for outstanding service.

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2005-02479 in Executive Session  on  2  March  2006,  under  the
provisions of AFI 36-2603:

      Ms. Marilyn M. Thomas, Vice Chair
      Mr. James L. Sommer, Member
      Ms. Jean A. Reynolds, Member

All members voted to correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 1 Aug 05, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPPR, dated 13 Dec 05, w/atch.
     Exhibit D.  Letter, SAF/MRBR, dated 23 Dec 05.




                                   MARILYN M. THOMAS
                                   Vice Chair



AFBCMR BC-2005-02479




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 XXXXXXX, XXXXXXX, be corrected to show that on
1 July 1982, he was awarded the Meritorious Service Medal, for the
period 3 August 1979 – 31 July 1982, for outstanding service.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency