Search Decisions

Decision Text

AF | BCMR | CY2006 | BC-2005-02643
Original file (BC-2005-02643.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02643
            INDEX NUMBER:  110.00;107.00
      XXXXXXX    COUNSEL:  None

      XXXXXXX    HEARING DESIRED:  No


MANDATORY CASE COMPLETION DATE:  22 Feb 07


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded decorations he is entitled to including, but not limited
to, the Purple Heart, the National  Defense  Medal,  and  the  Vietnam
Service Medal.

His military occupational specialty (Air Force Specialty Code  (AFSC))
be returned to the “5” skill level.

He receive back pay previously disallowed with interest.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His discharge was upgraded in 1976 at which time his DD Form  214  was
“stripped.”

He was informed when his discharge was upgraded  that  an  application
for back pay must be filed within one year of discharge.  He  believes
he applied timely within one year of the discharge upgrade.

The applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Air Force as an airman basic on    5 Jul
68.  He was discharged from the  Air  Force  on  16  Dec  70  with  an
undesirable discharge.  On 22 Jan 76, the applicant applied to the Air
Force Discharge Review Board (AFDRB) for upgrade of his  discharge  to
honorable.  On 24 Jun 76, the AFDRB notified the  applicant  that  his
discharge was upgraded to honorable.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAC advises that no  corrective  action  is  necessary  on  the
applicant’s request to return his AFSC to the five skill level.   They
note that his DD Form 214 accurately reflects his specialty and  skill
level.

The complete evaluation is at Exhibit C.

AFPC/DPPPR evaluated the applicant’s request for decorations and  note
that his DD Form 214 reflects he  was  awarded  the  National  Defense
Service Medal  (NDSM),  the  Vietnam  Service  Medal  (VSM),  and  the
Republic of Vietnam Campaign Medal (RVCM).   They  further  note  they
were not able to locate documentation in his medical  records  showing
treatment for injuries sustained as a direct result of  enemy  action,
necessary for award of the Purple Heart.  The applicant did not submit
any documentation to support such a claim.  Therefore, they  recommend
denial of his request for award of the Purple Heart.

The complete evaluation is at Exhibit D.

DFAS-POCC/DE recommends denial of the  applicant’s  request  for  back
pay.  Since  the  applicant’s  military  pay  records  are  no  longer
available from 1970 or 1976, they are unable to determine  whether  he
was ever compensated in connection  with  his  upgraded  discharge  in
1976.  When  Government  records  are  no  longer  available  and  the
applicant is unable to provide sufficient evidence  to  support  their
request, the request should be denied.

The complete evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were sent to the  applicant  on  9
Dec 05 for review and comment within 30 days.  To date, a response has
not been received.

_________________________________________________________________

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
offices 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.  Therefore, in the absence of evidence  to  the
contrary, we find no compelling basis to recommend granting the relief
sought in this application.

4.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially  add  to  our  understanding  of   the   issues   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

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 Docket  Number  BC-2005-
02643 in Executive Session on 24 January 2006, under the provisions of
AFI 36-2603:

      Ms. Marilyn M. Thomas, Vice Chair
      Mr. Vance E. Lineberger, Member
      Mr. Jay H. Jordan, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 Aug 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPAC, dated 22 Sep 05.
    Exhibit D.  Memorandum, AFPC/DPPPR, dated 18 Oct 05.
    Exhibit E.  Memorandum, DFAS-POCC/DE, dated 30 Nov 05.
    Exhibit F.  Letter, SAF/MRBR, dated 9 Dec 05.




                                   MARILYN M. THOMAS
                                   Vice Chair

Similar Decisions

  • AF | BCMR | CY2005 | BC-2005-01959

    Original file (BC-2005-01959.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-01959 INDEX CODE: 131.00 XXXXXXX COUNSEL: NONE XXXXXXX HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 21 DECEMBER 2006 _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect he was awarded the Air Force Specialty Code (AFSC) 2A771, Aircraft...

  • AF | BCMR | CY2005 | BC-2005-01592

    Original file (BC-2005-01592.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-01592 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 15 November 2006 _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Block 11 (Primary Specialty), be corrected to reflect his Air Force Specialty Code (AFSC) skill level as 7S071 rather than 7S031. ...

  • AF | BCMR | CY2006 | BC-2005-03764

    Original file (BC-2005-03764.doc) Auto-classification: Approved

    DPPPR states that in accordance with DoD 1348.33-Manual, Chapter 4, “the JMUA, awarded in the name of the Secretary of Defense, is intended to recognize joint units and activities for meritorious achievement or service, superior to that which is normally, expected.” After consultation with the Joint Staff and researching DOD 1348.33-M Appendix C, DoD Activities Awarded the JMUA; and the Air Force Unit Awards Database their office located 2 awards of the JMUA to AFELM NATO AWACS E-3A for the...

  • AF | BCMR | CY2002 | BC-2002-00615

    Original file (BC-2002-00615.doc) Auto-classification: Denied

    His records be corrected to reflect award of the Special Experience Identifier (SEI) for Stinger Missiles to Security Police Personnel, and the United States Air Force (USAF) Missile Badge. They indicated that the applicant was not eligible for any Navy marksmanship awards, as he was not on active duty with the Navy; he was in the Air Force. Since the applicant was on active duty in the Air Force, he would not be authorized to wear another service’s devices on awards earned while in the...

  • AF | BCMR | CY2006 | BC-2005-03437

    Original file (BC-2005-03437.DOC) Auto-classification: Denied

    On 3 August 1981, the applicant submitted a request to the Air Force Discharge Review Board (AFDRB) requesting to have his under honorable conditions (general) discharge upgraded to honorable and to change his reenlistment code (RE). AFPC/DPPRS complete evaluation is at Exhibit C. HQ AFPC/DPPAC recommends the applicant’s request for correction of Item 11 on his DD Form 214 be denied. Based on the documentation in the applicant's records, it appears his DD Form 214, Certificate of Release...

  • AF | BCMR | CY2006 | BC-2005-02310

    Original file (BC-2005-02310.doc) Auto-classification: Approved

    Not every IDMT-qualified member was identified, mostly because they were not in an IDMT position. Only those individuals assigned to an IDMT 4N0X1C CAFSC position at the time of the conversion were considered for promotion as an IDMT in the CY05 cycle. As to whether some individuals were incorrectly promoted because they were “lucky” enough to be identified in the wrong CAFSC, promotion selections are “tentative pending verification by the MPF” (AFI 36-2502) and airmen are not “to...

  • AF | BCMR | CY2006 | BC-2005-02361

    Original file (BC-2005-02361.doc) Auto-classification: Approved

    Only those individuals assigned to an IDMT 4N0X1C CAFSC position at the time of the conversion were considered for promotion as an IDMT in the CY05 cycle. Complete copies of the applicant’s responses, with attachments, are at Exhibit D. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATIONS: HQ AFPC/DPPPWB advised that prior to the start of the promotion cycle, CFMs are advised that if they feel it is appropriate for the suffix and “slick” AFSCs...

  • AF | BCMR | CY2006 | BC-2005-02683

    Original file (BC-2005-02683.doc) Auto-classification: Approved

    Only those individuals assigned to an IDMT 4N0X1C CAFSC position at the time of the conversion were considered for promotion as an IDMT in the CY05 cycle. As to whether some individuals were incorrectly promoted because they were “lucky” enough to be identified in the wrong CAFSC, promotion selections are “tentative pending verification by the MPF” (AFI 36-2502) and airmen are not “to assume the grade when data verification discovers missing or erroneous data.” Therefore, if an IDMT serving...

  • AF | BCMR | CY2006 | BC-2005-02723

    Original file (BC-2005-02723.doc) Auto-classification: Approved

    Only those individuals assigned to an IDMT 4N0X1C CAFSC position at the time of the conversion were considered for promotion as an IDMT in the CY05 cycle. We therefore conclude the fair and right thing to do is to recommend the 4N0X1C members be given supplemental consideration in the CAFSC 4N0X1 for the 05E6/05E7 promotion cycle. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air...

  • AF | BCMR | CY2006 | BC-2005-02404

    Original file (BC-2005-02404.doc) Auto-classification: Approved

    Only those individuals assigned to an IDMT 4N0X1C CAFSC position at the time of the conversion were considered for promotion as an IDMT in the CY05 cycle. We therefore conclude the fair and right thing to do is to recommend the 4N0X1C members be given supplemental consideration in the CAFSC 4N0X1 for the 05E6/05E7 promotion cycle. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air...