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AF | BCMR | CY2007 | BC-2007-00910
Original file (BC-2007-00910.doc) Auto-classification: Denied



                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00910
            INDEX CODE:  107.00
            COUNSEL:  NOT INDICATED

            HEARING DESIRED:  NOT INDICATED

MANDATORY CASE COMPLETION DATE:  24 SEP 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show he was awarded the Presidential  Unit
Citation (PUC), Armed Forces Expeditionary  Medal  (AFEM),  the  Joint
Service Achievement Medal (JSAM) and other medals in which he  may  be
entitled.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He is entitled to these medals, but has never received them.

In support of his  request,  the  applicant  submits  NA  Form  13059,
Transmittal of and/or Entitlement to Awards, a copy of  his  passport,
excerpts from his military personnel records, a copy of  his  DD  Form
214, Certificate of Release or Discharge from Active Duty, AF Form 77,
Supplemental Evaluation Sheet, a copy of Commander, Joint  Task  Force
160 Operation Sea Signal  Caribbean  Basin  Citation,  DD  Form  1610,
Request and Authorization for TDY Travel of DoD Personnel, and  copies
of Special Orders, TE-0510, and TE-0106.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 22 June 1988, for a
term of four years and was progressively  promoted  to  the  grade  of
senior airman.  He was discharged on 17 October 1996, for Misconduct –
Discreditable Involvement with  Military  or  Civil  Authorities,  and
received a general (under honorable conditions) discharge.

The applicant’s records were  administratively  corrected  on  3 April
2007, to reflect award of the Korea Defense Service Medal.  On 12 July
2007, a corrected advisory was also provided verifying  his  award  of
the AM w/1 Oak Leaf Cluster.

_________________________________________________________________

AIR FORCE EVALUATION:

DPPPR recommends denial.  DPPPR states that office is unable to verify
his entitlement to the PUC, and the AFEM and  he  should  contact  the
Joint Staff Awards Section for guidelines on Joint decorations.

The DPPPR 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
13 April 2007, for review and comment within  30  days.   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 error or injustice.  The applicant has not submitted,
nor does his military records contain evidence of his eligibility  for
award of the AFEM or the PUC.  The Board notes the AFEM is awarded  to
military members who after 1 July 1958, participated in United  States
military operations and encountered foreign armed opposition, or  were
in danger of hostile action by foreign Armed Forces.  In  this  regard
we note the AFEM was not awarded during the applicant’s duty period of
15 September 1990 to 30 October 1990 in Panama.  The Board also  notes
there is no evidence to verify the 51st Maintenance Squadron  received
the PUC.  Should he provide official documentation to substantiate his
entitlement to this award, the Board would be  willing  to  reconsider
this issue.  His records indicate he is entitled to the AFAM w/1  OLC,
which is annotated on his Report of Separation.  The applicant  should
contact the Joint Staff Awards section for guidelines on Joint Service
decorations. Therefore, in the absence of evidence to the contrary, we
find no compelling 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  issue(s)   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;  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-2007-
00910 in Executive Session on 2 August 2007, under the  provisions  of
AFI 36-2603:

                 Mr. Wayne R. Gracie, Panel Chair
                 Ms. Janet I. Hassan, Member
                 Ms. Jan Mulligan, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 14 Mar 07, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Memo, AFPC/DPPPR, dated 3 Apr 07, w/atch.
      Exhibit D. Letter, SAF/MRBR, dated 13 Apr 07.
      Exhibit E. Memo, AFPC/DPPPR, dated 12 Jul 07.





      WAYNE R. GRACIE
      Panel Chair





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