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AF | BCMR | CY2008 | BC-2005-02810
Original file (BC-2005-02810.DOC) Auto-classification: Denied

ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2005-02810
                                             INDEX CODE:  106.00, 107.00
      XXXXXXXXXXXXXXXXX                 COUNSEL:  NONE

                                             HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His  previous  application  to  upgrade  his  under   honorable   conditions
(general) discharge to honorable be reconsidered.

His records be corrected to reflect  entitlement  to  the  Combat  Readiness
Medal (CRM) and the Basic Military Training Honor Graduate Ribbon (BMTHGR).

________________________________________________________________

APPLICANT CONTENDS THAT:

Upon graduation from Basic Military Training (BMT) in October 1988,  he  was
awarded the BMTHGR.  He  was  assigned  to  the  401st  Supply  Squadron  at
Torrejon AB, Spain,  when  the  unit  (and  he  believes  the  entire  401st
Tactical Fighter Wing) was awarded the CRM  on  or  about  November/December
1989.  Individual medals/ribbons were distributed to personnel in  the  unit
and he wore the CRM the remaining days of his AF service.  However, when  he
contacted  the  Air  Force  Personnel  Center  (AFPC)   and   the   Veterans
Administration (VA), no record could be located to verify either award,  and
he hopes his credibility and accomplishments since leaving the  AF  will  be
weighed in reaching a decision.

In November 2006, he enlisted  in  the  Massachusetts  Army  National  Guard
(MAARNG) for one year,  and  he  plans  to  serve  another  six  years  upon
completion of his enlistment.  A  correction  of  his  USAF  discharge  will
demonstrate that he has turned his life around and that he  is  someone  who
merits consideration for future enlistment and career advancement  with  the
ARNG.  He is determined to pursue a  military  career  with  the  ARNG,  and
would like to  demonstrate  to  them  that  his  service  in  the  USAF  was
ultimately  considered  honorable.   Since  his  last  application,  he  has
married and he and his spouse now have  a  daughter.   Since  his  discharge
from USAF, he has worked for the United States Department of Commerce (1990-
1991) and for the Texas Governor’s Office (1991-1995).  In  1996,  he  moved
to Dallas, TX, and began his academic career that  ultimately  concluded  in
December 2005.  He holds a Baccalaureate Degree in Government and  Politics,
and two Master of Arts Degrees,  one  in  Liberal  Arts  and  the  other  in
Criminology and  Criminal  Justice.   He  is  able  to  communicate  in  the
following foreign languages:  Spanish,  French,  Italian,  German,  Russian,
Mandarin,  Chinese,  Korean,  and  Japanese.    The   applicant’s   complete
submission is at Exhibit G.

In support of his appeal, he has provided copies of  a  personal  statement,
documentation pertaining to his enlistment in the  ARNG,  his  Associate  of
Arts & Sciences Degree Certificate from North Lake  College,  a  Certificate
of Training for completion of the United States Air Force (USAF)  Apprentice
Inventory Management Specialist Course, his Resume, his Master  of  Arts  in
Criminology and Criminal Justice Degree Certificate from the  University  of
Texas at Arlington, an updated transcript from the University  of  Texas  at
Arlington, his Master of  Liberal  Arts  Degree  Certificate  from  Southern
Methodist  University,  his  Bachelor  of  Arts  Degree  in  Government  and
Politics Certificate from the University of Texas at  Dallas,  his  marriage
license, his Rites of Matrimony Certificate, his daughter’s  Certificate  of
Birth, a Commonwealth of Massachusetts  Department  of  State  Police  Basic
Firearms  Safety  Certificate,  and  a  National  Rifle  Association   (NRA)
Certificate of Completion of the NRA  Basic  Pistol  Course  that  were  not
considered with his previous application.

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

________________________________________________________________

STATEMENT OF FACTS:

For  an  accounting  of  the  facts  and   circumstances   surrounding   the
applicant’s separation, and the rationale of the  earlier  decision  by  the
Board, see the Record of Proceedings (ROP) at Exhibit F.  Also contained  at
Exhibit F is the applicant’s previous DD Form 149 and  attachments  thereto,
and the  Air  Force  Discharge  Review  Board  Hearing  (AFDRB)  Record  and
attachments  thereto.   On  12  April  2007,  he  submitted  a  request  for
reconsideration.

The CRM is awarded to members of the USAF and USAF Reserve, and  to  members
of other services after 1 August 1960, for sustained  individual  combat  or
mission readiness  or  preparedness  for  direct  weapon-system  employment.
Specifically, a USAF member must  complete  an  aggregate  of  24-months  of
sustained professional performance as a member  of  AF  combat  or  mission-
ready  units  subject  to  combat  readiness  reporting,   be   individually
certified  as  combat  or  mission  ready  and  have  maintained  individual
readiness the entire period according to major headquarters, or  be  subject
to an  individual  positional  evaluation  program  according  to  a  higher
headquarters  standard.   The  term  “Combat  Ready”  is  defined  as  being
professionally and technically qualified in an aircraft crew position in  an
aircraft that can be used in combat.

The BMTHGR is awarded to honor graduates of BMT  who,  after  29 July  1976,
have  demonstrated  excellence  in  all  phases  of  academic  and  military
training, and is limited to the top 10 percent of the training flight.

Pursuant to the Board’s request, the Federal Bureau of Investigation  (FBI),
Clarksburg, WV, indicated at Exhibit H that they were unable to identify  an
arrest record on the basis of the information furnished.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial of the applicant’s request for  award  of  the
CRM and BMTHGR.

The applicant completed 1 year, 4 months, and 16  days  of  active  military
service before receiving a general (under honorable  conditions)  discharge.
To receive the CRM, he must have completed 24-months of sustained combat  or
mission readiness,  with  no  more  than  a  120-day  calendar  break.   The
applicant did not provide any documentation to  substantiate  his  claim  to
being awarded the CRM, and there is no evidence to  verify  his  entitlement
to this award in his military record.

The applicant completed 6-weeks of BMT in October 1988; however, he did  not
provide the certificate to verify his entitlement to the BMTHGR and,  during
this same timeframe, he received an Article 15 for, on or  about  29 October
1988, impersonating an OSI  Agent  while  assigned  to  the  3442nd  Student
Squadron in Colorado.

The AFPC/DPSIDR evaluation is at Exhibit J.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was  forwarded  to  the  applicant  on  11
January 2008, for review and comment, within 30 days.  However, as  of  this
date, no response has been received by this office.

________________________________________________________________

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  took  notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  we  agree
with the opinion and recommendation of  the  Air  Force  office  of  primary
responsibility and adopt its rationale as the basis for our conclusion  that
the applicant has not been  the  victim  of  an  error  or  injustice.   The
applicant did not provide any documentation to  substantiate  his  claim  to
being awarded the CRM or the BMTHGR, and there is no evidence to verify  his
entitlement  to  these  awards  in  his  military  record.   We  also   find
insufficient evidence to warrant a  recommendation  that  his  discharge  be
upgraded on the basis of  clemency.   We  have  considered  the  applicant's
overall quality  of  service,  his  continuous  pattern  of  misconduct,  to
include impersonating an OSI agent, which precipitated  the  discharge,  the
rationale of earlier decisions by the AFBCMR and the  AFDRB,  and  available
evidence related to post-service activities and  accomplishments.   Although
his post-service record is commendable, it does not  warrant  upgrading  his
discharge and, on balance, we do not believe  that  clemency  is  warranted.
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 additional  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  Docket  Number  BC-2005-02810
in Executive Session on 4 March 2008, under the provisions of AFI 36-2603:

                       Ms. James W. Russell, III, Panel Chair
                       Mr. Garry G. Sauner, Member
                       Ms. Teri G. Spoutz, Member

The following documentary evidence was considered:

    Exhibit F.  Record of Proceedings, dated 17 Nov 05, w/atchs.
    Exhibit G.  DD Form 149, dated 12 Apr 07, w/atchs.
    Exhibit H.  USDOJ Negative FBI Report, dated 8 Feb 08.
                                                              BC-2005-02810


    Exhibit I.  Letter, AFBCMR, dated 26 Oct 07.
    Exhibit J.  Letter, AFPC/DPSIDR, dated 27 Dec 07.
    Exhibit K.  Letter, AFPC/MRBR, dated 11 Jan 08.




                                   JAMES W. RUSSELL, III
                                   Panel Chair



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