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AF | BCMR | CY2007 | BC-2007-01073
Original file (BC-2007-01073.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-01073
                                       INDEX CODE:  107.00
      XXXXXXXXXXXXXX                    COUNSEL: NO
                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  8 October 2007


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Air Medal with  one  Oak  Leaf  Cluster  (AM  w/1OLC)  and
Aerial Achievement Medal (AAM).
_________________________________________________________________

APPLICANT CONTENDS THAT:

He was awarded the requested medals during his active military service.   He
lost everything because of Hurricane Katrina.  Since these  awards  are  not
shown on his DD Form 214 Certificate of Release  or  Discharge  from  Active
Duty, he feels it would be a dishonor  not  to  be  able  to  show  that  he
received these medals.

In support of his application, the applicant provides a copy of his DD  Form
214.

The applicant’s complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 13 September 1985, the applicant enlisted in the  Regular  Air  Force  at
the age of 19 for a period of four years.  He was progressively promoted  to
the grade of sergeant (E-4) effective 13 March 1988.

On 12 August 1991, the applicant was honorably  released  from  active  duty
for expiration term of active obligated service and transferred to  the  Air
Force Reserve (AFRES).  He served 5 years and 11 months on  active  duty  of
which 3 years, 1 month and 7 days were foreign service.

The  applicant’s  DD  Form  214  reflects  his  awards  as  the  Air   Force
Commendation Medal, Air Force Good Conduct Medal,  Non-Commissioned  Officer
Professional  Military  Education  Graduate  Ribbon,   Small   Arms   Expert
Marksmanship Ribbon, Overseas Long Tour  Ribbon,  National  Defense  Service
Medal, Air Force Training Ribbon, Air Force  Longevity  Service  Award,  Air
Force Outstanding Unit Award, and Navy Meritorious Unit Commendation.

On 10 May 2007, AFPC issued a DD  Form  215,  Correction  to  DD  Form  214,
adding the basic AM, Southwest Asia Service Medal with  one  Bronze  Service
Star (SWASM w/1BSS), and the Kuwait Liberation Medal-Kuwait (KLM-K)  to  the
applicant’s record.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends disapproval of the applicant’s request  for  award  of
the AAM and second award of the AM.  DPPPR states after  a  complete  review
of the applicant’s official  military  record  and  provided  documentation,
they were unable to verify his entitlement to either award.

DPPPR was able to verify the applicant’s entitlement  to  the  basic  AM  in
addition to the  SWASM  w/1BSS  and  the  KLM-K  for  his  participation  in
OPERATION DESERT SHIELD DESERT STORM for the period of 17  January  1991  to
28 February 1991.

The DPPPR evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:


A copy of the Air Force evaluation was forwarded to the applicant on 24  May
2007, 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.   We  note  AFPC  has  administratively
corrected the applicant’s records to reflect his award of the  basic  AM  in
addition to the SWASM w/1BSS and KLM-K; therefore, we will only address  his
request for award of the AAM and second award of the  AM.   After  reviewing
the evidence of record and the applicant’s submission, we  find  that  other
than the applicant’s  assertions,  we  have  no  evidence  to  indicate  his
entitlement to either of the requested  decorations.   Therefore,  we  agree
with the opinion and recommendation of  the  Air  Force  office  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
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 19 July 2007, under the provisions of AFI 36-2603:

                 Mr. Michael K. Gallogly, Chair
                 Ms. Terri G. Spoutz, Member
                 Ms. Patricia R. Collins, Member

The following documentary evidence for AFBCMR  Docket  Number  BC-2007-01073
was considered:

      Exhibit A.  DD Form 149, dated 2 Apr 07, with atch.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPPR, dated 3 May 07, w/atchs.
      Exhibit D.  Letter, SAF/MRBR, dated 24 May 07.




                                  MICHAEL K. GALLOGLY
                                                   Panel Chair

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