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AF | BCMR | CY2006 | BC-2006-00723
Original file (BC-2006-00723.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00723
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  12 SEP 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214, Report of Separation from Active  Duty,  reflect  award  of
the Armed Forces Service Medal (AFSM) and Commemorative Awards.

_________________________________________________________________

APPLICANT CONTENDS THAT:

In 1975, after the Air Force Discharge Review  Board  (AFDRB)  upgraded  his
discharge to an honorable he was never offered  the  requested  awards.   He
further indicates he is a member of the  Disabled  American  Veterans  (DAV)
and would like to be a member of the American Legion.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 3 January 1956, the applicant entered active duty.

On 9 June 1959, the applicant was  honorably  discharged  in  the  grade  of
airman basic under the provisions of AFM 39-12, Chapter 2,  and  Section  B.
He served 3 years, 3 months, and 19 days on active duty.

The applicant’s DD Form 214 indicates he received no decorations or medals.

A DD Form 215, Correction to DD Form 214, dated 14 December 1977,  indicates
on 9 June 1959, the applicant was awarded the  Air  Force  Outstanding  Unit
Award (AFOUA).

_________________________________________________________________


AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  DPPPR states the AFSM is awarded  to  members
of the Armed Forces of the  United  States  who,  after  1 June  1992:   (1)
participate, or have participated, as  members  of  United  States  military
units, in a United  States  military  operation  that  is  deemed  to  be  a
significant activity by the Joint Chief  of  Staff,  and  (2)  encounter  no
foreign armed opposition or imminent threat of hostile action.

The  applicant  was  discharged  from  the  military  before  the  AFSM  was
authorized in 1992, which makes him ineligible for the AFSM.

Commemorative Awards and Cold War Certificates are not  issued  by  the  Air
Force.  The applicant should contact the Department of the Army website  for
more information on the above requested awards.

The DPPPR complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 28 April 2006, a copy of the Air Force evaluation was  forwarded  to  the
applicant for review and response within 30 days (Exhibit D).   As  of  this
date, no response has been received by this office.

_________________________________________________________________

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 an error or injustice.  The applicant’s  contentions  are  duly
noted; however, after thoroughly reviewing the  applicant’s  submission  and
the evidence of record there is no indication in  the  applicant’s  military
personnel  record  that  he  is  entitled  to  award  of  the  AFSM  or  any
Commemorative Medals.  We agree with the Air Force that since he was not  on
active duty at the time the AFSM  was  authorized  and  the  medal  was  not
authorized to be awarded retroactively, he does not meet  the  criteria  for
award of the AFSM.  Further, he  has  not  specified  nor  has  he  provided
evidence to show which, if any, of the Commemorative Medals he  is  entitled
to.  Therefore, we agree with the opinion  and  recommendation  of  the  Air
Force and adopt its rationale as basis for our conclusion that  he  has  not
been the victim of an error or injustice.  Based on the  available  evidence
of  record,  we  find  no  basis  upon  which  to  favorably  consider  this
application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or an injustice; the application was denied without  a
personal appearance; and 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-2006-
00723 in Executive Session on 13 June 2006, under the provisions of AFI  36-
2603:

                 Ms. Kathleen F. Graham, Panel Chair
                 Ms. Karen A. Holloman, Member
                 Mr. Wallace F. Beard, Jr., Member

The following documentary evidence pertaining to AFBCMR  Docket  Number  BC-
2006-00723 was considered:

   Exhibit A.  DD Form 149, dated 3 Mar 06, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPR, dated 18 Apr 06.
   Exhibit D.  Letter, SAF/MRBR, dated 28 Apr 06, w/atch.




                 KATHLEEN F. GRAHAM
                 Panel Chair



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