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AF | BCMR | CY2006 | BC-2006-00037
Original file (BC-2006-00037.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00037
            INDEX NUMBER:  107.00
      XXXXXXX    COUNSEL:  None

      XXXXXXX    HEARING DESIRED:  No


MANDATORY CASE COMPLETION DATE:  4 Jul 07


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be given credit for a Good Conduct Medal (GCM).

_________________________________________________________________

APPLICANT CONTENDS THAT:

The GCM was not annotated on his WD AGO Form 53-55,  “Enlisted  Report
of Separation” when he was discharged.  The regulation allows that any
soldier discharged with less than three years service  is  to  receive
the GCM if otherwise qualified.

In support of his appeal, applicant provides a copy of  his  discharge
certificate and a copy of his WD AGO Form 53-55.

The applicant’s complete submission, with attachments, is  at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

There are no records available to verify the  applicant’s  entitlement
to the GCM.  It appears his records may have  been  destroyed  in  the
1973 fire at the National Personnel Records Center.  According to  the
WD AGO Form 53-55 available on the applicant, he enlisted on 26 Sep 44
and entered active service on 23 Feb 45.  He was discharged on 30  Oct
45 for Convenience of the Government.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR  recommends  denial  of  the  applicant’s   request.    The
applicant does not have sufficient service to be awarded the GCM.

The GCM was authorized by Executive Order 8809 on 28 Jun 41 for  award
to  enlisted  members  who  shall  have  honorably   completed   three
continuous years of active military service subsequent to  26  Aug  40
and who are recommended by their  commanding  officers  for  exemplary
behavior, efficiency, and fidelity.  During wartime, the Army GCM  may
be awarded on completion of one year of continuous service rather than
three.

The complete 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
10 Feb 06 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
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.  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 Docket  Number  BC-2006-
00037 in Executive Session on 22 March 2006, under the  provisions  of
AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      MS. Rita J. Maldonado, Member
      Ms. Glenda H. Scheiner, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, undated, w/atchs .
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPPR, undated.
    Exhibit D.  Letter, SAF/MRBR, dated10 Feb 06.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair

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