RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-01560
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. His records be corrected to reflect he was awarded the
Distinguished Service Medal (DSM), Airman’s Medal (AM), Air Force
Achievement Medal (AFAM), Air Force Good Conduct Medal (AFGCM) and the
Air Force Training Ribbon (AFTR).
2. It appears he is requesting that his under honorable conditions
(general) discharge be upgraded.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Applicant makes no contentions.
In support of his request, the applicant provided a copy of NA Form
13059, Transmittal of and/or Entitlement to Awards.
Applicant's complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 26 Feb 81, the applicant contracted his initial enlistment in the
Regular Air Force for a period of four years. He was discharged on 14
Sep 84 with a general discharge. He served 3 years, 6 months and 19
days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSIDR states the applicant’s DD Form 214 verifies his
entitlement to the AFGCM and AFTR. No official documentation was
located to verify his entitlement to the AFAM, DSM or AM. The
applicant may pursue award for the medals under the provisions of the
1996 National Defense Authorization Act (NDAA). Under the 1996 NDAA,
the service member may be recommended for a decoration by following
these procedures: 1) be made by someone, other than the service member
himself, in the service member’s chain of command at that the time of
the incident, and, who has first hand knowledge of the acts or
achievements; and 2) be submitted through a congressional member who
can ask a military service to review a proposal for a decoration.
AFPC/DPSIDR’s complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant 13
Jun 08, for review and response within 30 days. 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. After a thorough review of the
available evidence and the applicant’s complete submission, we find no
evidence which would lead us to believe his records should be
corrected to show he was awarded the afam, dsm, or am. We took notice
of the applicant's complete submission in judging the merits of the
case; however, we agree with the Air Force office of primary
responsibility that other than the medals which have been
administratively added to his military records, further corrective
action is not warranted.
4. Regarding the applicant’s request that his general discharge be
upgraded, after our review of the evidence of record it is our
opinion that the discharge was consistent with the substantive
requirements of the discharge regulation and within the commander's
discretionary authority. The applicant has provided no evidence
which would lead us to believe the characterization of his service
was contrary to the provisions of the governing regulation, unduly
harsh, or disproportionate to the offenses committed. Therefore,
in the absence of evidence to the contrary, we find no basis upon
which to recommend further correction to his records.
_________________________________________________________________
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 Docket Number BC-
2008-01560 in Executive Session on 8 Aug 08 under the provisions of
AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Josephine L. Davis, Member
Mr. Kurt R. LaFrance, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, 23 Apr 08, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSIDR, 16 May 08.
Exhibit D. Letter, SAF/MRBR, dated 13 Jun 08.
THOMAS S. MARKIEWICZ
Chair
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