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AF | BCMR | CY2009 | BC-2008-01859
Original file (BC-2008-01859.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-01859
            INDEX CODE:  107.00
            COUNSEL:

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show his  entitlement  to  the  Air  Force
Overseas Service Ribbon  Short  Tour  (AFOSR-ST)  and  the  Air  Force
Overseas Service Ribbon Long Tour (AFOSR-LT).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was not issued these ribbons when he was discharged.

In support of his request, the applicant submits a copy of his DD Form
214, Certificate of Release or Discharge from Active Duty, a  copy  of
Part 5 of his report on individual personnel computer printout listing
his overseas tours of duty history, and a copy the criteria for  award
of the AFOSRs.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 6 Nov 73, and was
honorably discharged on 12 May 81.  He served a total of seven years, six
months, and seven days active duty service.

His DD 214 reflects award of the Air Force Good Conduct Medal w/1 Oak Leaf
Cluster, and the National Defense Service Medal.

The AFOSR-ST and AFOSR-LT are awarded to Air Force members credited with
completion of an overseas tour on or after 1 Sep 80.  Air Force members
serving as of 6 Jan 86 or later, are entitled to reflect all Air Force
overseas tours credited during their career.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial  and  states,  in  part,  the  applicant
separated from military service on 12 May 81, prior to the  6  Jan  86
retroactive date and he ended his overseas tour on 10  Oct  79.   This
rendered him ineligible for the AFOSRs, because  his  foreign  service
was completed prior to 1 Sep 80.

The AFPC/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
11 Jul 08, for review and comment 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.  The applicant has not submitted
persuasive evidence to substantiate his request, nor does the evidence of
record reflect his eligibility for the requested awards.  In view of the
above, 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.  Therefore, we find no compelling basis to warrant favorable
consideration of 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 following members of the Board considered Docket  Number  BC-2008-
01859 in Executive Session on 4 Dec 08, under the provisions of AFI 36-
2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Ms. Michelle M. Rachie, Member
                 Mr. Mark J. Novitski, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 10 Jul 08, w/atch.
      Exhibit B. Applicant’s Master Personnel Records.
      Exhibit C. Letter, AFPC/DPSIDR, dated 23 Jun 08.
      Exhibit D. Letter, SAF/MRBR, dated 11 Jul 08.





      THOMAS S. MARKIEWICZ
      Chair





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