RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02759
            INDEX CODE:      107.00, 131.00
XXXXXXX     COUNSEL:  NONE

            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  17 MARCH 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  He be promoted to the  grade  of  Staff  Sergeant  (SSgt)  effective  10
January 1973.

2.  His records be corrected to show  he  was  awarded  the  Airman’s  Medal
(AM), Meritorious Service Medal (MSM), Air Force Commendation Medal  (AFCM),
Air  Force  Overseas  Ribbon  -  Long  Tour  (AFOSR-L),  Small  Arms  Expert
Marksmanship Ribbon (SAEMR) and  the  Republic  of  Vietnam  Campaign  Medal
(RVNCM).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was never afforded the opportunity to test for promotion to the grade  of
SSgt  due  to  conflicting  schedules  between  his  testing  date  and  his
permanent change of station (PCS) flight to the United  States  from  Japan.
Applicant also  states  his  section  chief  at  his  new  location  ordered
personnel not to schedule him for  a  make-up  exam  because  he  failed  to
report for his original exam. He  also  believes  he  is  eligible  for  the
aforementioned awards based on his military service.

In support of his request, the applicant provided a copy  of  his  DD  Form
214, Certificate of Release or  Discharge  from  Active  Duty,  a  personal
statement and three notarized statements.

His complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 29 December  1970  for  a
period of four years.  He was discharged with an honorable discharge  on  28
January 1975.  He had 4 years, 1 month and 7 days of total active service.

The AM is awarded to any member of the Armed Forces of the United States  or
of a friendly nation who, while serving in  any  capacity  with  the  United
States Air Force after the date of the  award's  authorization,  shall  have
distinguished himself or herself by a heroic act, usually at  the  voluntary
risk of his or her life but not involving actual combat.   The saving  of  a
life or the success of the voluntary heroic act is  not  essential.  Do  not
award for normal performance of duties.
The MSM may be awarded to any member of  the  Armed  Forces  of  the  United
States who distinguishes themselves by  either  outstanding  achievement  or
meritorious service to the United States.
The AFCM Medal is awarded to members of  the  Armed  Forces  of  the  United
States who, while serving in any capacity with the  Air  Force  after  March
24, 1958, shall have distinguished  themselves  by  meritorious  achievement
and service. The degree of merit must be distinctive, though it need not  be
unique. Acts of courage which do not involve  the  voluntary  risk  of  life
required for the Soldier's Medal (or the Airman's Medal now  authorized  for
the Air Force) may be considered for the AFCM.
The AFOSR-L is awarded to Air Force and Air Force Reserve  members  credited
with completion of an overseas tour on or after September 1, 1980.
The SAEMR is awarded to all U.S. Air Force service members who,  after  Jan.
1, 1963, qualify as "expert" in small-arms marksmanship with either  the  M-
16 rifle or issue handgun.
The RVNCM is awarded to members of the Armed Forces  of  the  United  States
who: 1) Served for 6 months in South Vietnam during the period 1 Mar 61  and
28 Mar 73; 2) Served outside the geographical limits of  South  Vietnam  and
contributed direct combat support to the RVN Armed Forces for  an  aggregate
of six months.  3) Did not complete the length of service required  in  item
(1) or (2) above, but who, during wartime, were: a)  Wounded  by  the  enemy
(in a military action); b) Captured by the enemy during  action  or  in  the
line of duty, but later rescued or released; c) Killed in action or  in  the
line of duty; 4) Were assigned in Vietnam on 28 Jan 73,  and  who  served  a
minimum of 60 calendar days in Vietnam  during  the  period  29  Jan  73  to
28 Mar 73.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPWB recommends denial.  DPPPWB states the  request  should  be  time
barred because it has not been filed within the three-year time  limitation.
 In addition  to  being  untimely  under  the  statue  of  limitations,  the
applicant’s request may also be dismissed under the  equitable  doctrine  of
laches, which denies relief to  one  who  is  unreasonably  and  inexcusably
delayed in asserting a claim.  In the applicant’s case, he waited more  than
31 years after his discharge to petition the Air Force Board  of  Correction
for Military Records.  This unreasonable delay has  also  caused  prejudices
to the Air Force as relevant records have been destroyed or the records  are
no longer available.  In addition, memories have failed  and  the  witnesses
are no longer available.   Furthermore,  his  records  do  not  contain  any
testing documentation; as a result, DPPWB cannot determine if the  applicant
was ever considered for promotion to  the  grade  of  SSgt.   DPPPWB  states
there are no provisions for automatic promotions and the applicant does  not
provide any  documentation  supporting  his  contentions  (testing  and  PCS
flight schedule) and they do not find anything in his  records  to  indicate
an error or injustice made to prevent his promotion to SSgt.

The complete AFPC/DPPPWB evaluation is attached at Exhibit C.

AFPC/DPPPR recommends denial.  DPPPR states  the  applicant’s  records  were
thoroughly reviewed and he did not submit any documentation  supporting  his
claim for the AM, AFCM, MSM, or the SAEMR.  In addition, the  applicant  did
not serve in Vietnam, therefore is not eligible for the RVNCM.  The  AFOSR-L
was not authorized until 12 October 1980.  The applicant's enlistment  ended
in 1975; as a result, he is not eligible for this ribbon either.

The complete AFPC/DPPPR evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states the Air Force failed in its  responsibility  to  inform
separating personnel that the Board  for  Corrections  of  Military  Records
(BCMR) was an option.  Applicant states he just learned of the BCMR  process
last year.  He believes his records should be amended to show his  grade  as
SSgt considering he  would  have  been  if  his  testing  had  commenced  as
scheduled.  He also believes his  assignment  to  the  simulator  system  in
Japan  was  in  direct  support  of  the  USAF   military   operations   and
intelligence gathering in Vietnam and as a result he should be  awarded  the
RVNCM.  Applicant states the AFOSR may not have  been  authorized  until  12
October 1980; however, it was retroactively authorized and  he  believes  he
is eligible.

His complete response is at Exhibit F.

_________________________________________________________________

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
evidence and the applicant’s complete submission, we find no evidence  which
would persuade us that his records  should  be  corrected  to  show  he  was
promoted to the grade of SSgt or that  he  be  awarded  any  of  the  awards
requested.  We agree with the opinions and recommendations of the Air  Force
offices of primary responsibility and adopt their  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 basis to recommend granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issues involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of material error or 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  BC-2006-02759  in  Executive
Session on 28 November 2006, under the provisions of AFI 36-2603:

                 Ms. Cathlynn B. Novel, Panel Chair
                 Ms. Judith B. Oliva, Member
                 Mr. Don H. Kendrick, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 July 2006, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter AFPC/DPPRS, dated 25 September 2006.
    Exhibit D.  Letter AFPC/DPPPR, dated 27 September 2006.
    Exhibit E.  Letter, SAF/MRBR, dated 20 October 2006.




            CATHLYNN B. NOVEL
            Panel Chair




                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC



[pic]

Office of the Assistant Secretary

AFBCMR
1535 Command Dr, EE Wing, 3rd Flr
Andrews AFB MD 20762-7002

XXXXXXX

XXXXXXX

XXXXXXX,

XXXXXXX

      Reference your application, , submitted under the provisions of AFI
36-2603 (Section 1552, 10 USC), AFBCMR BC-2006-02759.

      After careful consideration of your application and military records,
the Board determined that the evidence you presented did not demonstrate
the existence of material error or injustice.  Accordingly, the Board
denied your application.

      You have the right to submit newly discovered relevant evidence for
consideration by the Board.  In the absence of such additional evidence, a
further review of your application is not possible.

      BY DIRECTION OF THE PANEL CHAIR





                                                       GREGORY E.
JOHNSON
                                                             Chief
Examiner
                                                 Air Force Board for
Correction
                                                       of Military
Records

Attachment:
Record of Board Proceedings