RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-03310
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Air Force Good Conduct Medal (AFGCM).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He graduated from Professional Military Education (PME), received no
Article 15 nonjudicial punishment, met the three year or more excellent
ratings on his Airman Performance Reports (APRs), and was honorably
released from active duty. He enlisted with the Army Reserves and is a
commissioned officer. The absence of the AFGCM is a misrepresentation of
his service and character both past and present.
In support of his request, the applicant provided documentation extracted
from his military personnel records.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 15 October 1982, applicant enlisted in the Regular Air Force. He served
as a Tactical Air Command & Control Specialist.
On 26 January 1984, applicant was notified by his commander of his intent
to impose punishment under Article 15 of the Uniform Code of Military
Justice (UCMJ) for the alleged violation of Article 92 of the UCMJ.
Specifically, on 20 January 1984, applicant failed to obey a lawful order
to return a battery to a fellow airman. He was advised of his rights in
this matter and acknowledged receipt on that same date. After consulting
counsel, he elected not to demand trial by court-martial and did not submit
a presentation on his own behalf to his commander. After considering all
the matters presented, his commander determined that he did commit the
alleged violation. The punishment imposed consisted of a reduction in
grade from airman first class to airman and 14 days correctional custody.
The portion of punishment which provides for reduction to the grade of
airman was suspended until 15 July 1984.
On 29 September 1986, he was honorably released from active duty in the
grade of sergeant. He served 3 years, 11 months, and 15 days on active
duty.
_________________________________________________________________
AIR FORCE EVALUATION:
DPSIDR recommends denial. DPSIDR states the AFGCM was discontinued on 6
February 2006 by the Chief of Staff of the Air Force. Individuals will
continue to wear those previously earned as a matter of record. It was
awarded only to enlisted personnel for “exemplary conduct” (exemplary
behavior, efficiency, and fidelity), while on active military service of
the US from 1 June 1963 to 28 February 2006.
After a thorough review of the applicant’s military record, DPSIDR found a
letter signed by his commander dated 23 February 1984, requesting the AFGCM
eligibility start date be adjusted to 16 July 1984. The adjusted date for
creditable service from 16 July 1984 to 29 September 1986 is not a total of
three consecutive years; therefore, rendering him ineligible for the AFGCM.
DPSIDR’s complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 7 December 2007, the evaluation was forwarded to the applicant 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 an error or injustice. The applicant’s contentions are duly
noted; however, after thoroughly reviewing the applicant’s submission and
the evidence of record there is no indication in the applicant’s military
personnel record that he is entitled to the AFGCM. Contrary to his
assertion, it appears he was administered nonjudicial punishment during his
period of service and his non-receipt of the AFGCM was not an accidental
omission, but the direct result of action taken by his commander to adjust
his AFGCM start date. Therefore, 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. In the absence of evidence to
the contrary, we find no compelling basis to recommend granting the relief
sought.
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 involved. Therefore, the request for
a hearing is not favorably considered.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the
existence of an 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 AFBCMR Docket Number BC-2007-
03310 in Executive Session on 22 January 2008, under the provisions of AFI
36-2603:
Mr. Laurence M. Groner, Panel Chair
Mr. Grover L. Dunn, Member
Mr. James A. Wolffe, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 October 2007, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIDR, dated 29 November 2007.
Exhibit D. Letter, SAF/MRBR, dated 7 December 2007.
LAURENCE M. GRONER
Panel Chair
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