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AF | BCMR | CY2006 | BC-2006-00245
Original file (BC-2006-00245.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-00245
                                       INDEX CODE:  107.00
      XXXXXXXXXXXXXXXXXXXXXXX           COUNSEL: NO

                                             HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  28 July 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States  Report  of  Transfer  or
Discharge, be corrected to reflect his  promotion  to  the  grade  of  staff
sergeant (SSgt) (E-5); the locations  of  his  temporary  duties  (TDYs)  to
various overseas bases; and his award of the Air  Force  Commendation  Medal
(AFCM), Presidential Unit Citation (PUC),  Air  Force  Overseas  Ribbon–Long
Tour (AFOR–LT), Air Force Longevity Service Award  (AFLSA),  and  the  Small
Arms Expert Marksmanship Ribbon (SAEMR).
_________________________________________________________________

APPLICANT CONTENDS THAT:

He was promoted to the grade of SSgt while stationed in Spain;  however,  he
does not have a copy of the promotion order.  He is entitled  to  the  above
mentioned awards; therefore, his DD Form 214 should be corrected to  reflect
them.  He wants his overseas TDY locations to be reflected on  his  DD  Form
214, particularly his TDY to Cam Rahn Bay Air Base, Vietnam in 1967.

In support of his appeal, the applicant has provided  a  personal  statement
and copies of what few military personnel records  he  has  available.   His
complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 4 October 1965, the applicant enlisted in the Regular Air  Force  at  the
age of 19 for a period of four years in the  rank  of  airman  basic  (E-1).
The applicant was progressively promoted  to  the  rank  of  sergeant  (E-4)
effective and with a date of rank of 1 February 1968.

On 2 May  1970,  the  applicant  was  released  from  active  duty  with  an
honorable characterization of service  and  transferred  to  the  Air  Force
Reserve for the balance of his service obligation.  He was credited  with  4
years and 6 months, and 29 days of active duty service,  of  which  3  years
and 4 days was foreign service.  His DD Form 214, Certificate of Release  or
Discharge from Active Duty,  identified  his  decorations  as  the  National
Defense  Service  Medal,  Air  Force  Good  Conduct  Medal,  and  Air  Force
Longevity Service Award.

The applicant was honorably discharged from the Air Force Reserve  effective
3 October 1971 for completion of his military service obligation.

_________________________________________________________________

AIR FORCE EVALUATION:


AFPC/DPAPP recommends denial to add the applicant’s  TDYs  to  his  DD  Form
214.  DPAPP states there are no provisions  to  display  TDY  or  assignment
history on the DD Form 214.  Concerning the applicant’s contention  that  he
served in Vietnam, there are no TDY orders, travel vouchers,  or  any  other
documents in his records that verifies he was TDY to Vietnam.

The DPAPP evaluation is at Exhibit C.

AFPC/DPPPR recommends denial of the applicant’s request for the  AFCM,  PUC,
AFOR-LT, and SAEMR.   DPPPR  states  that  they  were  able  to  verify  his
entitlement to the AFLSA from his DD Form 214, dated 2 May  1970.   However,
DPPPR states following their  review  of  the  applicant  official  military
record and his submission,  they  were  unable  to  verify  the  applicant’s
entitlement to the AFCM or the  PUC.   In  addition,  DPPPR  was  unable  to
locate an AF Form 522 in the applicant’s official military record to  verify
his entitlement to the SAEMR for shooting expert.   DPPPR  also  points  out
that the applicant was discharged from the military before the  AFOR-LT  was
authorized; therefore, he is not entitled to this award.

The DPPPR evaluation is at Exhibit D.

AFPC/DPPPWB recommends denial of the applicant’s request  for  promotion  to
SSgt.  DPPPWB states based on the applicant’s date of rank to  sergeant,  he
would have been eligible for promotion consideration to  staff  sergeant  in
1969.   Although  the  applicant  was  recommended  for  promotion  by   his
evaluators on his performance reports, he still had to compete  against  all
other eligibles in his Air Forced Specialty  Code  by  testing  and  scoring
above the  established  cutoff  in  order  to  be  selected  for  promotion.
However,  the  applicant’s  record  contains   an   AF   Form   1566,   Test
Verification, reflecting the applicant’s refusal  to  test  on  19  November
1969.   Based  on  this  documentation,  the  applicant   rendered   himself
ineligible for promotion consideration.

The DPPPWB evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:


Copies of the Air Force evaluations were forwarded to the  applicant  on  23
June 2006 for review and  response.   As  of  this  date,  this  office  has
received no response.

_________________________________________________________________

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.  After a thorough review of  the  available
records, we found no evidence the individual is eligible for  the  award  of
the AFCM, PUC, AFOR-LT, or the SAEMR.  The applicant  did  not  provide  any
documentary evidence to substantiate his claim for these awards.  In  regard
to his request for award of the AFLSA, we  note  his  DD  Form  214  already
reflects this award; therefore, no correction is required.   While  we  note
the  applicant  was  eligible  to  be  considered  for  promotion  to  staff
sergeant, the evidence of record reflects he refused to test for this  grade
rendering him ineligible for promotion  consideration.   In  regard  to  his
request to correct his DD Form 214 to reflect his TDYs to  various  overseas
bases, we note the Air Force Office of Primary Responsibility  states  there
are no provisions to display TDY or assignment history on the DD  Form  214.
Therefore, based on the foregoing, 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 this application in  Executive
Session on 24 August 2006, under the provisions of AFI 36-2603:

                 Mr. Michael J. Novel, Panel Chair
                 Mr. Gregory A. Parker, Member
                 Ms. Jan Mulligan, Member


The following documentary evidence for AFBCMR  Docket  Number  BC-2006-00245
was considered:

      Exhibit A.  DD Form 149, dated 4 Jan 06, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPAPP, dated 7 Apr 06.
      Exhibit D.  Letter, AFPC/DPPPR, dated 20 Apr 06.
      Exhibit E.  Letter, AFPC/DPPPWB, dated 27 Apr 06, w/atch.
      Exhibit F.  Letter, SAF/MRBR, dated 23 Jun 06.




                                   MICHAEL J. NOVEL
                                   Panel Chair

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