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AF | BCMR | CY2009 | BC-2008-02257
Original file (BC-2008-02257.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2008-02257
            INDEX CODE:  110.00
      xxxxxxxxxxxxxxx  COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from the Armed  Forces,
be corrected to reflect  the  Meritorious  Service  Medal,  First  Oak  Leaf
Cluster (MSM w/1OLC), the Air Force Commendation Medal, (AFCM), w/3OLC,  the
Global War on Terrorism Service  Medal  (GWOT-S),  and  the  Iraqi  Campaign
Medal (ICM).

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

He retired from the Air Force prior to the processing of these awards.

In support of his request, applicant provides a copy of  his  DD  Form  214,
and copies of his MSM w/1OLC and AFCM w/3OLC citations.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 30 Sep 04, the applicant was relieved from active duty  and  was  retired
in the grade of master sergeant (E-7) effective 1 Oct 04.  He  was  credited
with 26 years 10 months and 16 days of total active duty service  for  basic
pay and 26 years, 5 months and 4 days active service for retirement.

On 14 Jul 08, Headquarters Air Force Personnel Center issued  the  applicant
a DD Form 215, reflecting award of the AFCM w/3OLC, the GWOT-S and the  ICM.


_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDR defers to the board for a decision in  the  applicant's  request
for award of the MSM w/1OLC.   DPSIDR  states  the  applicant  provided  the
citation awarding him the MSM w/1 OLC but his record does not show  nor  did
the applicant provide the Special Order awarding him the MSM w/1OLC.

The complete AFPC/DPSIDR evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was sent to the  applicant  on  1 Aug  08
for review and comment within 30 days.  As of this  date,  this  office  has
not received a 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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of an error or an injustice warranting relief.  We note  that  the
applicant's records have been administratively corrected to reflect that  he
was awarded the AFCM w/3OLC, the GWOT-S and the ICM.  In regard to  the  MSM
w/1OLC, we note that while the applicant was unable to  provide  a  copy  of
the orders approving the MSM  w/1OLC,  he  was  able  to  provide  a  signed
certificate and validated citation  awarding  the  MSM  w/1OLC.   Therefore,
based on the evidence provided, it appears that he did in fact  receive  the
MSM w/1OLC upon his retirement from the Air Force.  In view  of  the  above,
we recommend that his records be corrected to the extent indicated below.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to  show  that  he  was  awarded  the  Meritorious
Service Medal, First Oak Leaf Cluster, for meritorious service from 16  June
2003 to 30 September 2004.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2008-02257
in Executive Session on 9 Oct 08, under the provisions of AFI 36-2603:


      Mr. James W. Russell III, Panel Chair
      Mr. Gregory A. Parker, Member
      Mrs. Lea Gallogly, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 5 Jun 08, w/atchs.
    Exhibit B.  Letter, AFPC/DPSIDR, dated 10 Jul 08.
    Exhibit C.  Letter, SAF/MRBR, dated 1 Aug 08.




                             JAMES W. RUSSELL III
                                             Panel Chair

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