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AF | BCMR | CY2007 | BC-2007-01455
Original file (BC-2007-01455.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01455
            INDEX CODE:  107.00
      COUNSEL:  NO

            HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  11 OCTOBER 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

The following corrections be made to his DD 214:

1)  His rank be corrected to Sergeant (E-4);

2)  He be awarded the Air Force Commendation  Medal,  the  Combat  Readiness
Medal (CRM), the Utah Air National Guard Achievement Medal,  the  Air  Force
Good  Conduct  Medal  (AFGCM),  the  Vietnam  Service   Medal   (VSM),   the
Presidential Unit Citation (PUC),  the  Air  Force  Meritorious  Unit  Award
(AFMUA), the Air  Force  Outstanding  Unit  Award  (AFOUA),  the  Air  Force
Organizational Excellence Award (AFOEA), the Air  Force  Recognition  Ribbon
(AFRR), the Air Force Overseas Short Tour Ribbon (AFOSR-S), the  USAF  Basic
Military Training Honor Graduate Ribbon  (BMTHGR),  the  Small  Arms  Expert
Marksmanship Ribbon w/3 Bronze Service Stars (SAEMR w/3BSS), the  Air  Force
Training Ribbon (AFTR), the Philippines Presidential Unit  Citation  (PPUC),
and the Republic of Vietnam Gallantry  Cross  w/Palm  Unit  Citation  (RVNGC
w/P).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His DD 214 does not reflect all of his medals, awards and  decorations  that
he is entitled, and his rank is incorrect.

In support of his application, the applicant submits copies of his DD  214s,
a copy of a Permanent Change of Station (PCS) order, a  copy  of  a  request
for statement of service – DD Form 13, a copy of his DD 13, a  copy  of  his
general military training record, a copy of his college  transcript,  and  a
copy of his report of separation and record of service in the  Air  National
Guard of Utah.

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

_________________________________________________________________


STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 15 May 74  in  the  grade  of
airman (E-2) for a period of six years.  Upon completion of  basic  military
training (BMT) and technical  school,  he  was  assigned  duties  as  a  law
enforcement specialist.  He was  progressively  promoted  to  the  grade  of
sergeant (E-4); however, on 16 Mar 76, he was notified  that  his  promotion
to E-4 was being withheld due to his pending separation from service.

On 23 Mar 76, the applicant was notified by his commander of his  intent  to
recommend that he be discharged from the Air Force under the  provisions  of
AFR 39-10, chapter 3, paragraph 3-8L.  The specific reason for  this  action
was inadequate personality disorder with an  adjustment  reaction  of  adult
life, manifested by inability to adapt to duty  station,  suicidal  ideation
and  suicidal  gesture,  profession   and   social   inadaptability   social
instability, lack of emotional stamina, and  poor  and  impulsive  judgment.
He acknowledged receipt of notification and did  not  request  retention  in
the Air Force.  He then waived his right to military counsel and  to  submit
a statement on his own behalf.   On  26  Mar  76,  the  discharge  authority
approved the recommendation for  discharge  and  directed  he  be  given  an
Honorable Discharge Certificate.  The applicant was discharged on 5 Apr  76.
 He was served 3 years and 22 days on active duty service.

On 18 Jun 07, HQ AFPC/DPPRA notified the applicant that they  were  able  to
verify his entitlement to the AFGCM; however, they  were  unable  to  locate
recommendations and/or special orders awarding  him  the  AFCM,  CRM,  AFRR,
BMTHGR, the 3/BSS to the SAEMR, and the AFTR.  DPPRA also verified that  the
units he was assigned had not been awarded the PUC, MUA,  AFOEA,  PPUC,  and
the RVNGCw/P.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPWB recommends denial of the applicant's request  for  promotion.
DPPPWB states  the  applicant's  request  may  be  dismissed  under  laches.
DPPPWB notes the applicant was promoted to the grade of Airman  First  Class
(A1C) on 5 Jun 74.  According  to  the  letter  from  the  patient  squadron
section commander, the applicant's promotion was placed in withhold  due  to
action being initiated to separate him from the  service.   DPPPWB  declares
the applicant was never recommended for promotion to E-4  by  the  promotion
authority prior to his discharge.

The complete DPPWB 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  3  Jul
07 for review and comment within 30 days.  As of this date, this office  has
received no response (Exhibit D).
_________________________________________________________________

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 the reasons  for  withholding  the
applicant's promotion to the grade of sergeant are well  documented  in  the
record and no evidence has been presented that  would  lead  us  to  believe
this action was improper or contrary to  the  provisions  of  the  governing
directive.  Thus, we find no  basis  on  which  to  grant  his  request  for
promotion to the grade of E-4.  With the exception of the AFGCM verified  by
HQ AFPC/DPPRA,  no  documentary  evidence  has  been  presented  that  would
establish the applicant's entitlement  to  the  remaining  requested  awards
listed above; therefore, we find no compelling basis to  recommend  granting
the relief sought in this application.

_________________________________________________________________

The following members  of  the  Board  considered  AFBCMR  BC-2007-01455  in
Executive Session on 29 August 2007, under the provisions of AFI 36-2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Mr. Gregory A. Parker, Member
                 Mr. Joseph D. Yount, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 27 Apr 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPPWB, dated 22 May 07.
    Exhibit D.  Letter, SAF/MRBR, dated 3 Jul 07.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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