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AF | BCMR | CY2009 | BC-2008-02900
Original file (BC-2008-02900.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-02900
            INDEX CODE:  107.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His record be corrected to reflect he  was  awarded  the  Presidential  Unit
Citation  with  two  Oak  Leaf  Clusters  (PUC w/2OLC)  and  the  Air  Force
Longevity Service Award (AFLSA).

_________________________________________________________________

APPLICANT CONTENDS THAT:

The requested awards were not included on his DD Form 214, Armed  Forces  of
the United States Report of Transfer or Discharge,  and  his  DD  Form  256,
Honorable Discharge Certificate.

In support of the application, the applicant submits his DD  Form  214,  his
DD Form 256, his Reserve Order CA-097333, his Request and Authorization  for
Discharge and Enlistment/Reenlistment of Air Force Reserve Airman,  and  his
Report on Individual Personnel.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was honorably discharged and released from active duty on  17  Aug
70.  He served four years on active duty.

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  PUC
w/2OLC.  DPSIDR states the PUC is conferred on units  of  the  armed  forces
and of cobelligerent nations for extraordinary heroism in action against  an
armed enemy on or after 7 Dec 41.  The unit  must  display  such  gallantry,
determination, and esprit de corps in accomplishing its mission  as  to  set
it apart from and above other units participating in the same campaign.

DPSIDR was unable to verify  the  applicant  was  assigned  to  an  overseas
location to be eligible for the award and unable  to  verify  his  stateside
unit received the PUC during the time he was assigned.

DPSIDR was able to verify the applicant’s entitlement  to  the  AFLSA.   His
records will be administratively corrected to reflect this award.

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 19  Sep
08 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
he  should  receive  the  Presidential  Unit  Citation  with  two  Oak  Leaf
Clusters.  Other than his own assertions,  the  applicant  has  provided  no
documentary  evidence  that  would  establish  his   entitlement   to   this
decoration.  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  determination  that  relief  beyond  that  already  granted
administratively is either not available or not warranted.

_________________________________________________________________

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 this application in  Executive
Session on 25 February 2009, under the provisions of AFI 36-2603:

      Mr. Michael J. Maglio, Panel Chair
      Ms. Debra K. Walker, Member
      Mr. Dick Anderegg, Member

The following  documentary  evidence  was  considered  under  AFBCMR  Docket
Number BC-2008-02900:

      Exhibit A.  DD Form 149, dated 15 Aug 08, w/atch.
      Exhibit B.  Applicant’s Master Personnel Records.
      Exhibit C   Letter, HQ AFPC/DPSIDR, dated 3 Sep 08.
      Exhibit D.  Letter, SAF/MRBR, dated 19 Sep 08.




                                  MICHAEL J. MAGLIO
                                  Panel Chair





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