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AF | BCMR | CY2008 | BC-2007-00477
Original file (BC-2007-00477.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-00477
                                             INDEX CODE:  107.00
      XXXX                              COUNSEL:  NONE

                                             HEARING DESIRED:  YES

________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Air Force Commendation Medal (AFCM).

________________________________________________________________

APPLICANT CONTENDS THAT:

Near the end of his tour for OPERATION DESERT STORM  in  May  1991,  he  was
told by his Non-Commissioned-Officer-In-Charge  (NCOIC)  that  he  would  be
submitted for an AFCM.  He was demobilized the following month and  returned
to his Air National Guard (ANG) unit in  Houston,  TX.   In  July  1991,  he
transferred to the Air Force Reserve  (AFR)  and  assumed  the  award  would
eventually make it into his personnel file.

He deserves the award as he  worked  extremely  hard  and  in  an  exemplary
fashion while deployed.  He was integral in helping resuscitate patients  in
several codes while in the Trauma and Cardio-Thoracic Intensive  Care  Units
(ICUs).  He volunteered to remain on the tour for several additional  months
when he saw that the ICU unit  was  shorthanded  after  the  ground-war  was
over.  He could have demobilized, but felt that the  mission  was  important
and he was critically needed.  This dedication to  service  is  what  caused
him to be recommended by his NCOIC and Officer-In-Charge.

He earned the award  which  should  have  been  processed.   This  adversely
affects  his  career  as  this  award  was  earned  while  mobilized.   Non-
investigation solidifies Guardsmen being left out,  as  Active  Duty  wanted
Guard units to process  awards,  yet  Guard  units  wanted  Active  Duty  to
process awards.

He did not have access to his Air Force records after 1991,  as  he  was  in
the Army.

In support of his appeal, he has  provided  copies  of  SO  A-001,  dated  7
February 1991, ordering him to active duty, and his DD Form  214,  releasing
him from active duty in July 1991.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the ANG in the grade of captain.   His
DD Form 214 reflects that he was an ANG  member  serving  in  the  grade  of
sergeant (E-4) when he was mobilized for OPERATION DESERT SHIELD/STORM  from
8 February 1991 to 18 July 1991 as an  Apprentice  Medical  Specialist.   At
the time of his release from active duty, his DD Form 214 reflects  that  he
was entitled to wear the National Defense Service Medal, Air Force  Training
Ribbon, Army Service Ribbon, Army Lapel Button, M-16 Marksman  Badge,  Hand-
Grenade Marksman Badge, and Parachute Badge.

The AFCM is awarded for outstanding achievement or meritorious  service,  or
acts of courage that do not meet the requirements for award of the  Airman’s
Medal or Bronze Star Medal.

________________________________________________________________

AIR FORCE EVALUATION:

NGB/A1PS recommends denial as there are no supporting documents  that  would
warrant issue of the award.  The applicant’s account that  he  was  told  he
would be submitted for the award is not enough justification  to  award  him
the AFCM.

The NGB/A1PS evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was  forwarded  to  the  applicant  on  30
November 2007, 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 timely filed.

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’s records do not contain a Special Order, citation, or  any  other
documents indicating he was awarded the AFCM, and he  did  not  provide  any
documentation to substantiate  his  case.   Therefore,  in  the  absence  of
evidence to the contrary, we find no compelling basis to recommend  granting
the relief sought in this application.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issue(s) involved.  Therefore, the  request  for  a
hearing is not favorably considered.

________________________________________________________________

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  Docket  Number  BC-2007-00477
in Executive Session on 17 January 2008, under the  provisions  of  AFI  36-
2603:

                       Mr. Michael K. Gallogly, Panel Chair
                       Mr. Anthony P. Reardon, Member
                       Ms. Janet I. Hassan, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 16 Jan 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, NGB/A1PS, dated 19 Nov 07, W/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 30 Nov 07.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair

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