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AF | BCMR | CY2006 | BC-2005-03210
Original file (BC-2005-03210.doc) Auto-classification: Denied

                       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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