RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03210
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to wear the New York Conspicuous Service Cross, with
device and the Shoulder Sleeve Insignia for Wartime Service during
service with other services with the understanding the Shoulder Sleeve
Insignia for Wartime Service would be removed prior to any service
with an Air Force unit.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was awarded the New York Conspicuous Service Cross on 22 November
1993 and again on 27 June 1995. He was awarded the Shoulder Sleeve
Insignia for Wartime Service (a.k.a. The Combat Patch) on 22 May 2005.
The Combat Patch is a US Army decoration.
In support of his appeal, the applicant has provided pertinent awards
paperwork.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant began his military service on 24 October 1972 and served
until October 1977. He did not participate satisfactorily again until
February 1991 after he joined the New York Air National Guard (NYANG).
He was progressively promoted to the grade of staff sergeant with a
date of rank (DOR) of 5 November 2004. He served with the NYANG until
4 November 2004 and was awarded the NY Conspicuous Service Cross
twice; once on 22 November 1993 and again on 27 June 1995. He was
awarded the US Army Shoulder Sleeve Insignia for Wartime Service while
serving at some point with the US Army. He enlisted in the California
ANG (CAANG) on 5 November 2004. His current Expiration Term of
Service (ETS) is 4 November 2007 and he has 20 years of satisfactory
service as of February 2006.
AIR FORCE EVALUATION:
A1POF states he is allowed to wear the New York Air National Guard
(NYANG) decorations with lower precedence than any California ANG
(CAANG) awards. However, A1POF states any sister service awards,
including the Army, must be removed upon permanent change of station
to an Air Force unit.
A1POF’s complete evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant indicates his understanding he may not wear any Army
decorations while a member of the ANG or Air Force. He notes the
regulation was only recently changed to disallow wear of certain
specific awards from other military services. However, he cites Air
Force Instruction (AFI) 36-2903, wherein it is stated the wearing of
army combat patches is still authorized “…while performing duties with
other services.” Therefore he requests he be allowed to wear the Army
Combat Patch on his Battle Dress Uniform (BDU) when he performs duties
with other services.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law
or regulations.
2. The application was timely filed.
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 its rationale as the basis
for our conclusion that the applicant has not been the victim of an
error or injustice. The Air Force Instruction 36-2903 is clear on the
wearing of other military service insignia and, according to his
revised request, he understands when he can and cannot wear the
insignias in question. 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-
2005-03210 in Executive Session on 4 October 2006, under the
provisions of AFI 36-2603:
Mr. Christopher D. Carey, Panel Chair
Mr. Steven A. Cantrell, Member
Ms. Renee M. Collier, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Oct 05, w/atchs.
Exhibit B. Letter, ANG/A1POF, dated, 11 Aug 06.
Exhibit C. Letter, SAF/MRBR, dated 18 Aug 06.
Exhibit D. Letter, Applicant, undated, w/atchs.
CHRISTOPHER D. CAREY
Panel Chair
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