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AF | BCMR | CY2006 | BC-2006-01301
Original file (BC-2006-01301.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2006-01301
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NOT INDICATED

MANDATORY CASE COMPLETION DATE:  26 OCTOBER 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from  Active  Duty,  be
corrected to reflect award of the Legion of Merit (LOM), Air Force  Overseas
Ribbon-Short Tour (AFOR-ST), Air Force Overseas Ribbon-Long Tour  (AFOR-LT),
Cold War Certificate (CWC), and any additional awards he is entitled to.

[EXAMINER’S  NOTE:   On  25  Aug   06,   AFPC/DPPPR   verified   applicant’s
entitlement to the LOM and 3 Bronze Service Stars  to  the  Vietnam  Service
Medal and issued a DD Form 215 to  attach  to  his  existing  DD  Form  214.
Also, they informed applicant of the procedure for obtaining  the  CWC  from
the Department of the Army.  Therefore, the only  issue  for  the  Board  to
address is applicant’s request for award of the AFOR-ST and AFOR-LT.]

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was awarded the LOM at his retirement ceremony, after his    DD Form  214
was closed out.

He did not discover the omission until  reviewing  his  records  to  join  a
veteran’s organization.   Since  his  retirement,  other  awards  have  been
authorized, i.e. the short and long tour ribbons (he did both), and  various
other achievement awards he believes he is entitled to.

In support of his request, applicant provided  a  copy  of  the  LOM  award,
citation, and special order awarding the LOM, his DD Form 214, and  a  photo
of the award being presented.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant served on active duty in the Regular Air Force from     2  Oct  59
– 29 Feb 80.  He retired 1 Mar 80 in the grade of Colonel.  His DD Form  214
reflects he served seven years and five days of Foreign Service.

On 25 Aug 06, AFPC/DPPPR verified applicant’s entitlement to the LOM  and  3
Bronze Service Stars to the Vietnam Service Medal.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends disapproval of the applicant’s request for  the  AFOR-
ST and AFOR-LT.  The AFOR-ST and AFOR-LT are awarded to Air  Force  and  Air
Force Reserve members credited with completion of an  overseas  tour  on  or
after 1 Sep 80.  Air Force and Air Force Reserve members  serving  as  of  6
Jan 86 or later are  entitled  to  reflect  all  Air  Force  overseas  tours
credited during their career.  The applicant retired from active duty on  29
Feb 80, which makes him ineligible for the AFOR-ST and AFOR-LT.  Also,  they
stated that CWC’s are issued by the Department of  the  Army,  and  that  an
application will be mailed to the applicant.

The DPPPR complete evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 1 Sep 06, a copy of  the  Air  Force  evaluation  was  forwarded  to  the
applicant for review and comment within 30 days.   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 with regards to the award of the  Air  Force
Overseas Ribbons – Short  Tour  and  Long  Tour.   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-
01301 in Executive Session on 24 October 2006, under the provisions  of  AFI
36-2603:

      Mr. Michael V. Barbino, Panel Chair
      Mr. James L. Sommer, Member
      Mr. Lance E. Lineberger, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2006-
01301 was considered:

    Exhibit A.  DD Form 149, dated 6 Jun 06, w/atchs.
    Exhibit B.  Letter, AFPC/DPPPR, dated 4 Aug 06.
    Exhibit C.  Letter, SAF/MRBR, dated 1 Sep 06.




                                             MICHAEL V. BARBINO
                                             Panel Chair

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