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AF | BCMR | CY2009 | BC-2008-03323
Original file (BC-2008-03323.DOC) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-03323
            INDEX CODE:  108.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to  reflect  award  of  the  Kosovo  Campaign
Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

When he retired, the Kosovo Campaign  Medal  had  not  been  approved;
therefore, he never had the opportunity to have the  medal  placed  in
his records.

In  support  of  his  appeal,  the  applicant  provides  documentation
pertaining to the Kosovo Campaign Medal, a Meritorious Service  Medal,
First Oak Leaf Cluster (MSM, 1OLC)  certificate,  and  his  separation
document.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s available military personnel records indicate that he  was
relieved from active duty on 31 Jul 00, and retired, effective  1  Aug
00, in the grade of master sergeant.

The remaining  relevant  facts  pertaining  to  this  application  are
contained in the letter prepared by the appropriate office of the  Air
Force, which is attached at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial noting the  Kosovo  Campaign  Medal  was
approved  by  President  Clinton  on  3  May  00  to   recognize   the
accomplishments of military service members participating or in direct
support of Kosovo operations within established areas of  eligibility.
Service members are authorized the Kosovo  Campaign  Medal  in  direct
support of the operation for  30  consecutive  days  in  the  area  of
eligibility or 60 nonconsecutive days  in  direct  support  of  Kosovo
operations.  After a  thorough  review  of  the  applicant’s  records,
AFPC/DPSIDR indicates they were unable to determine his deployment  to
the area of eligibility.

A complete copy of the AFPC/DPSIDR evaluation, with attachment, is  at
Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 3 Oct
08 for review and response within  30  days.   As  of  this  date,  no
response has been received by this office (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.   The  applicant's  complete
submission was thoroughly  reviewed  and  his  contentions  were  duly
noted.  However, we do not  find  his  assertions  or  the  supporting
documentation  sufficient  to  persuade  us  the  applicant  met   the
established criteria for the Kosovo Campaign Medal.  In  view  of  the
foregoing, and in the absence of sufficient evidence to the  contrary,
we conclude  the  applicant  has  failed  to  sustain  his  burden  of
establishing that he has suffered either an  error  or  an  injustice.
Accordingly, 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 following members of the Board considered AFBCMR Docket Number BC-
2008-03323 in Executive Session on 6 Nov 08, under the  provisions  of
AFI 36-2603:

      Mr. Laurence M. Groner, Panel Chair
      Ms. Janet I. Hassan, Member
      Mr. James L. Sommer, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 Aug 08, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSIDR, dated 26 Sep 08, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 3 Oct 08.




                                   LAURENCE M. GRONER
                                   Panel Chair



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