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AF | BCMR | CY2008 | BC-2007-03475
Original file (BC-2007-03475.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-03475
            INDEX CODE:  107.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show he was awarded the Air Force  Good  Conduct
Medal (AFGCM) and all other medals to which he is entitled.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He had only one Article 15 and later became  an  exemplary  airman  and  was
awarded an Air Force Commendation Medal (AFCM).

In support  of  his  application,  the  applicant  submits  his  draft  AFCM
citation and Special Court-Martial Order 1.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 30 Aug 68, the applicant was honorably discharged  from  active  duty  in
the grade of sergeant.  He was credited with 3 years, 11 months and 29  days
of military service to include 11 months and 23 days of Foreign Service.

On 4 Dec 07, he was notified  that  he  was  entitled  to  the  Republic  of
Vietnam Gallantry Cross with Palm (RVGC w/P).

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the  letter  prepared  by
the appropriate office of the Air Force at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSIDR recommends denial of the applicant's request for  the  AFGCM.
DPSIDR  states  airman  awarded  the  AFGCM  must  have  had  character  and
efficiency ratings of excellent or higher throughout the  qualifying  period
(3 years) including time spent in attendance at service schools,  and  there
must have been no convictions of court martial during this period.

DPSIDR notes an AF Form 7 located  in  the  applicant's  record  states  his
service periods from 1 Sep 64 thru 11 Nov 64; 12 Feb 65 thru 1 Mar 65;  and,
13 Mar 65 thru 2 Mar 66 were not creditable for award of the AFGCM.

The complete DPSIDR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force Evaluation was forwarded to the applicant on 21  Dec
07 for review and comment within 30 days.  As of this date, this office  has
received no response (Exhibit D).

_________________________________________________________________

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 is entitled to the award  of  the
Air Force Good Conduct Medal.  Other than his own assertions, the  applicant
has provided no documentary evidence that would  establish  his  entitlement
to  the  above-cited  award;  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 in this application.

_________________________________________________________________

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 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  AFBCMR  BC-2007-03475  in
Executive Session on 20 Feb 08, under the provisions of AFI 36-2603:

               Mr. Michael K. Gallogly, Panel Chair
               Mr. Steven A. Cantrell, Member
               Mr. Kurt R. LaFrance, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Oct 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPSIDR, dated 4 Dec 07.
    Exhibit D.  Letter, SAF/MRBR, dated 21 Dec 07.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair

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