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AF | BCMR | CY2007 | BC-2007-01526
Original file (BC-2007-01526.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-01526
                                        INDEX CODE:  111.02
  XXXXXXXXXXXXXX                  COUNSEL:  NONE

                                        HEARING DESIRED:  UNKNOWN

MANDATORY CASE COMPLETION DATE:  18 November 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States  Report  of  Transfer  or
Discharge, be corrected to reflect a different Home  of  Record  (HOR);  the
Vietnam Service Medal with three Bronze Service Stars (VSM  w/3BSS),  versus
one Bronze Service Star; two additional Overseas Ribbons; and the  technical
courses he completed.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He is attempting to update his DD Form 214 because he is trying  to  upgrade
his Veterans Administration (VA) disability rating.

In support of his request, the applicant submits copies of his DD Form  214,
separation document from the Air National Guard, and  four  certificates  of
training.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 3 October 1968, the applicant enlisted in the Regular Air  Force  in  the
grade of airman basic at the age of 19 for a period of four years.   He  was
progressively promoted to the grade of sergeant (E-4) with a  date  of  rank
of 1 April 1971.

On 26 September 1972, the applicant was honorably released from active  duty
and transferred to the Air Force Reserve.  He served  3  years,  11  months,
and 24 days of active duty of which  10  months  and  29  days  was  foreign
service.  His DD Form 214 reflects  he  was  awarded  the  National  Defense
Service Medal, Republic of Vietnam Campaign Medal,  Air  Fore  Good  Conduct
Medal, and the Vietnam Service Medal with one Bronze Service Star.

On 16 October 1972, the applicant enlisted in the Air National  Guard  where
he continued to serve attaining the grade of master sergeant  (E-7)  with  a
date of rank  of  24  May  1988.   On  6  June  1995,  he  requested  to  be
transferred to the Retired Reserve effective 1 July 1995.  On 29 June  1995,
the applicant was transferred to  the  Retired  Reserve  with  26  years,  8
months, and 27 days of satisfactory service.

On 18 June 2007, AFPC issued a DD Form 215, Correction to DD  Form  214,  to
include the applicant’s training courses in which he submitted  certificates
of completion.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPPPR recommends denial of the applicant’s request for  two  additional
Bronze Service Stars to his Vietnam Service Medal.  DPPPR  states  they  are
unable to verify the applicant’s overseas  assignment  due  to  his  limited
personnel record; however, they are able  to  verify  he  received  the  VSM
w/1BSS during his overseas tour as annotated on his DD Form  214.   The  Air
Force Overseas  Ribbons-Short/Long  Tour  (AFOR-ST/LT)  was  not  authorized
during the time the applicant was serving on  active  duty  from  1968-1972.
The AFOR-ST/LT Ribbons were awarded to  Air  Force  and  Air  Force  Reserve
members credited  with  completion  of  an  overseas  tour  on  or  after  1
September 1980.  The applicant’s completed tour was during his  active  duty
service period prior to the authorized date, which makes him ineligible  for
award of the AFOR ST/LT.

DPPPR states the official documentation needed  to  verify  the  applicant’s
entitlement to additional awards for his overseas service is not located  in
his records; therefore, they are unable to  verify  his  unit  received  any
additional awards other than what is listed on his DD Form 214.

The DPPPR evaluation is at Exhibit C.

ARPC/DPPAE recommends denial to change the applicant’s  HOR.   DPPAE  states
the HOR is defined as the place recorded as the home of the  member  at  the
time they enlisted, were commissioned, or initially ordered to active  duty.
 It  is  recorded  in  the  personnel  record  to  determine  transportation
entitlements upon separation, or those of dependents in  the  event  of  the
member’s death while on active duty.  It can be changed only if there  is  a
break in service of one full day or a bona fide error was made in  recording
information   given   by   the   member.    The   only    DD    Form    4/1,
Enlistment/Reenlistment Document – Armed Forces of  the  United  States,  in
the applicant’s record shows his  HOR  as  East  Falmouth,  MA  02536.   The
applicant must submit documentation showing the current HOR  listed  on  his
DD Form 214 was a bona fide error in order to change it.  As  a  side  note,
the HOR has no effect on the applicant’s VA disability rating.

The DPPAE evaluation, with attachment, is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 27
July 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  that  AFPC  has  administratively
corrected the applicant’s DD Form 214  to  reflect  the  technical  training
courses he completed; therefore, we will only address that  portion  of  his
requests for award of Overseas Ribbons, additional awards of the VSM, and  a
change to his HOR.  After a thorough review of  the  available  records,  we
found no evidence that the individual is eligible for the AFOR  –  ST/LT  or
additional awards of the  VSM.   In  addition,  we  find  no  error  in  the
applicant’s HOR as currently reflected on his DD Form  214.   The  applicant
did not provide any documentary evidence  to  substantiate  his  claims  or,
that he was recommended for, or awarded the AFOR  or  additional  awards  of
the VSM.  Therefore, based on the available evidence  of  record,  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.   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 24 October 2007, under the provisions of AFI 36-2603:

            Mr. Michael V. Barbino, Panel Chair
            Mr. James A. Wolffe, Member
            Ms. Lea Gallogly, Member


The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2007-01526:

      Exhibit A.  DD Form 149, dated 11 May 07, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPPR, dated 7 Jun 07.
      Exhibit D.  Letter, AFPC/DPPAE, dated 9 Jul 07, w/atch.
      Exhibit E.  Letter, SAF/MRBR, dated 27 Jul 07.




                                  MICHAEL V. BARBINO
                                                   Panel Chair

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