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AF | BCMR | CY2007 | bc-2007-01883
Original file (bc-2007-01883.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01883
            INDEX CODE:  107.00

      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  18 DEC 2008


___________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or  Discharge  from  Active
Duty, dated 30 Nov  79,  be  corrected  to  reflect  award  of  the
Meritorious Service Medal (MSM) First Oak Leaf Cluster (1OLC).

___________________________________________________________________

APPLICANT CONTENDS THAT:

His original award of the MSM was due to a hurried discharge due to
an age waiver.  The MSM 1OLC was omitted on his DD Form 214 because
it arrived after his discharge.  Additionally,  he  noted  that  he
never received his certificate for the award.

In support of his appeal, applicant submitted a  copy  of  his  age
waiver approval, dated 6 Oct 77;  a copy of the citation for  award
of the MSM 1OLC; Certificate for MSM, dated 15 Oct 76,  along  with
the citation for the award of the MSM, and the Special Order G-048,
dated 14 Oct  76;  letter  of  congratulation,  dated  30  Nov  79,
DD Forms 214, dated 30 Nov 79 and 22  Jul  45,  and  his  promotion
order to chief master sergeant, dated 1 Dec 68.

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

___________________________________________________________________

STATEMENT OF FACTS:

Applicant was inducted in the US Army Air Force on 9  Jan  43.   He
was  progressively  promoted  to  the  rank  of   staff   sergeant.
Applicant  was  honorably  discharged  on  22  Jul  45  under   the
provisions  of  AR 615-365,  with  a  reason  for   separation   of
convenience of the  government.   He  was  credited  with  1  year,
9 months, and 27 days of  continental  service  and  8  months  and
10 days of foreign service.  On 5 May 49, applicant enlisted in the
Air Force Reserve (USAFR).  He was recalled to extended active duty
(EAD) on 29 Apr 51 and was honorably released from EAD on 1 Oct 51.
 He was credited with 5 months and 3 days of active duty service.

On 10 Oct 52, applicant reenlisted in the USAFR and was recalled to
EAD on 5 Nov 52 and served until he  was  honorably  discharged  on
18 Nov 53.  On 19 Nov 53, applicant enlisted  in  the  Regular  Air
Force for a period of six years, in the grade  of  staff  sergeant.
He was progressively promoted to the grade of chief master sergeant
with a date of rank of 1 Dec  68.   On  1  Dec  79,  applicant  was
honorably retired under the provision of AFR 35-7,  with  a  reason
for separation of voluntary  retirement  after  30  years  service.
He was credited with 27 years and 26 days of  active  duty  service
during this period, with 2 years, 11 months, and 10 days  of  total
prior active service.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR reviewed  this  application  and  recommended  denial
stating, in part, applicant was unable to provide  the  certificate
and special order for the MSM 1OLC and the applicant indicated  the
special order was not provided when he received the decoration.

In accordance with AFI 36-2803, para 3.4., once an award  has  been
approved, prepare a certificate, impress a seal on the citation and
publish  special  orders.   The  special  order  authenticates  all
decorations approved by the Department of the Air  Force.   Without
the  special  order  they  were  unable  to  validate   applicant’s
eligibility for award of the MSM 1OLC.

HQ AFPC/DPPPR’s complete evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reiterated his original request and provided  a  detailed
listing of his accomplishments during the period under review.

Applicant’s complete response, with attachments, is at Exhibit E.

___________________________________________________________________

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.  Sufficient relevant evidence has been presented to  demonstrate
the existence of error or injustice.  In this respect, we note that
the applicant provided a copy of a sealed  citation  and  indicated
that  he  did  not  receive  the  certificate  or  special   order.
Nonetheless, we  believe,  based  on  the  applicant’s  outstanding
performance and contributions  noted  in  his  performance  reports
during the period of 9 Sep 76 to 30 Nov 79, that any  doubt  should
be  resolved  in  the  applicant’s  behalf.   Therefore,   and   in
recognition of his over 30 years of honorable service, we recommend
the applicant’s records be corrected to the extent indicated below.

___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the  Air  Force
relating to APPLICANT, be corrected to show that his DD  Form  214,
Certificate of Release or Discharge from  Active  Duty,  issued  on
30 November 1979, be amended in Section  13,  Decorations,  Medals,
Badges, Citations and Campaign Ribbons  Awarded  or  Authorized  to
reflect award of the Meritorious  Service  Medal,  First  Oak  Leaf
Cluster.

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2007-01883 in Executive Session on 18 September 2007, under  the
provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. Patrick C. Daugherty, Member
      Mr. Joseph D. Yount, Member

All members voted to correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 10 Jun 07, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPPR, dated 23 Jul 07.
     Exhibit D.  Letter, SAF/MRBR, dated 27 Jul 07.
     Exhibit E.  Letter, Applicant, undated, w/atchs.




                                   THOMAS S. MARKIEWICZ
                                   Chair



AFBCMR BC-2007-01883




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the
authority of Section 1552, Title 10, United States Code (70A Stat
116), it is directed that:

      The pertinent military records of the Department of the Air
Force relating to XXXXXXX, XXXXXXX, be corrected to show that his
DD Form 214, Certificate of Release or Discharge from Active Duty,
issued on 30 November 1979, be amended in Section 13, Decorations,
Medals, Badges, Citations and Campaign Ribbons Awarded or
Authorized to reflect award of the Meritorious Service Medal, First
Oak Leaf Cluster.







            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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