RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-03165
            INDEX CODE: 107.00
      LESLEY D. RHODES COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  19 Apr 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 7, Airman Military Record, be  corrected  to  reflect  the
following:

        Item 5.  Promotion to senior master sergeant (SMSgt) on  1 Nov
70.

        Item 10.  Receipt of the Outstanding Airman of the Year  Award
(OAYR) 1971 and the Air Force Commendation Medal (AFCM) with Third Oak
Leaf Cluster (3OLC).

        Item 14.  Combat Service in Vietnam during 1969-1970.

        Item 19.  Assignments as NCOIC, Legal Office, at Ent  AFB,  CO
and as NCOIC, Legal Office, 4600  Air  Base  Wing  (ABW)  at  Peterson
Field, CO; and retirement on 31 Oct 72.

________________________________________________________________

APPLICANT CONTENDS THAT:

The form does not reflect last three years of his  service  promotion,
awards, and assignments.

In support of his request, applicant provided his AF Form  7,  special
orders, DD  Forms  214,  and  a  magazine  article.   The  applicant’s
complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Navy on  25 Jun  51  and  was  honorably
released from active duty on 17 Jun 55 and transferred  to  the  Naval
Reserve.

On 27 Sep 56, the applicant enlisted in the  Regular  Air  Force  and,
after 21 years, 4 months, and 6 days of  active  duty,  was  honorably
discharged from the Air Force on 31 Oct 72 and retired  on  1 Nov  72.
His DD Form 214 reflects he retired (Item 11a) in the grade  of  SMSgt
(Item 5a) with a date of rank of  1 Nov  70  (Item  6)  and  was  last
assigned to the 4600 ABW at Peterson Field, CO  (Items  11b  and  12).
Item 24 of the form indicates he received the  Vietnam  Service  Medal
with 3 Bronze Service Stars  and  the  Republic  of  Vietnam  Campaign
Medal, and other decorations.  Item 30 reflects service in Vietnam.

Also, AF Form 1712, Uniform Military Personnel  Record,  reflects  his
assignment as the NCOIC, Legal  Office,  at  the  4600  ABW,  Peterson
Field, CO in Aug 71; his Vietnam tour during 21 Aug 69-10 Jun 70;  and
his receipt of the AFCM 2OLC, among other decorations.   The  Enlisted
Performance Report (EPR) for the period 3 Jun  71-30 Apr  72  reflects
his assignment as the NCOIC, Legal  Office,  when  the  4600  ABW  was
located at Ent AFB, CO.

On 2 Nov 06, HQ AFPC/DPSO advised the applicant they  could  not  make
the requested changes on his AF Form 7 as it  was  an  obsolete  form.
However,  his  AF  Form  626,  reflecting  temporary  duty  (TDY)   in
connection with his award of OAYR 1971, would be filed in his records,
and his promotion to SMSgt was also reflected in his records.

On 15 Nov 06, HQ AFPC/DPPPR advised the applicant that  his  case  had
been partially resolved  administratively,  i.e.,  they  verified  his
entitlement to the OAYR for 1971  and  his  Vietnam  awards  that  are
listed on his DD Form 214.  However, they were unable  to  verify  any
additional Vietnam awards or his entitlement to the AFCM 3OLC.

On 28 Nov 06, HQ AFPC/DPPRY provided  the  applicant  a  DD  Form  215
amending the DD Form 214 to reflect receipt of the OAYR ribbon.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ  AFPC/DPPPR  recommends  denial.   They  could  only   verify   his
entitlement to the AFCM 2OLC, not the 3OLC.  The  applicant  needs  to
provide official military documentation  (citations,  special  orders,
etc.) to verify his entitlement to the AFCM 3OLC.

The complete HQ AFPC/DPPPR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 1 Dec 06 for review and comment within 30  days  (Exhibit
D).  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.  After a thorough review  of  the
available evidence and the applicant’s complete submission, we are not
persuaded that his records should be corrected to show he was  awarded
the AFCM 3OLC.  Should he secure supporting documentation, we would be
willing to reconsider his application.  Therefore, absent evidence  to
the  contrary  we  find  no  compelling  basis  to  warrant  favorable
consideration of this portion of his request.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified 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 Docket  Number  BC-2006-
03165 in Executive Session on 22 February 2007, under  the  provisions
of AFI 36-2603:

                       Mr. James W. Russell, III, Panel Chair
                       Mr. Gregory A. Parker, Member
                       Mr. Todd L. Schafer, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 10 Oct 06, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPR, dated 15 Nov 06.
      Exhibit D. Letter, SAF/MRBR, dated 1 Dec 06.




      JAMES W. RUSSELL III
      Panel Chair






                       AIR FORCE BOARD FOR CORRECTION

                             OF MILITARY RECORDS

                   CASE TRANSMITTAL / COORDINATION RECORD


IN THE MATTER OF DOCKET NO:

     LESLEY D. RHODES  BC-2006-03165


ROUTE IN TURN    INITIALS  DATE


1.  CHIEF EXAMINER     ______  __________
    (Coord/Signature)


2.  EXECUTIVE DIRECTOR ________  ________
    (Coordination)


3.  Mr. JAMES W. RUSSELL     ________  ________
     PANEL CHAIR
    (Signature on Proceedings)


4.  Return to Examiner


5.  AFBCMR (Processing)





                 DARYL R. LAWRENCE
                 Examiner
                 Air Force Board for Correction
                 of Military Records





                         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

Mr. Lesley D. Rhodes
XXXXXXX
XXXXXXX, MO 65355

Dear Mr Rhodes

      Reference your application, AFBCMR BC-2006-03165, submitted
under the provisions of AFI 36-2603 (Section 1552, 10 USC).

      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