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AF | BCMR | CY2009 | BC-2008-03400
Original file (BC-2008-03400.DOC) Auto-classification: Approved


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER: BC-2008-03400
                                             INDEX CODE:  100.00
                                             COUNSEL:  NOT INDICATED
                                             HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States  Report  of  Transfer  or
Discharge, be corrected to reflect  award  of  the  Air  Force  Commendation
Medal (AFCM).

________________________________________________________________

APPLICANT CONTENDS THAT:

The AFCM was presented to him prior to his discharge, but the order was  not
processed in time to  be  annotated  on  his  DD  Form  214,  prior  to  his
separation.

In support of the appeal, applicant submits a copy of his DD Form  214,  and
excerpts from his military personnel records.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 30 Jun 66, for a term  of
four years, and was trained as an administrative specialist.  On 21  Nov  69
he was honorably discharged after completion of term of service.  He  served
a total of 3 years, 4 months, and 22 days active duty service.

His DD Form  214  issued  in  conjunction  with  his  21  Nov  69  honorable
discharge, indicates that  he  was  awarded  the  National  Defense  Service
Medal, the Air Force Outstanding Unit Award, and the Air Force Good  Conduct
Medal.

The AFCM was authorized by the Secretary of the Air Force on 28 Mar 58,  for
award to members of the Armed Forces of the United States who while  serving
in  any  capacity  with  the  Air  Force  after  24  Mar  58,   shall   have
distinguished themselves by meritorious achievement or service.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial of the  applicant’s  request  and  states,  in
part, that no official documentation was located in the  applicant’s  record
to verify his entitlement to the AFCM.  He did provide a copy  of  his  AFCM
certificate but without the required special  order  to  validate  it,  they
recommend his request be denied.

The AFPC/DPSIDR evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the special order was  never  placed  in  his  military  personnel
records after he was discharged, and evidently was lost.  He would  like  to
be able to wear the medal proudly at Veterans functions and on his cap.   He
proudly served for  over  three  years  and  received  numerous  letters  of
commendation.

The applicant’s complete response, with attachments, is at Exhibit E.

________________________________________________________________

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 injustice.  The Board notes the applicant provided a  signed
copy of an AFCM certificate covering the period  22  Nov  66  to  21 Nov 69,
with an approval date of 20 Nov 69.   We  believe  the  special  order  that
authenticated his AFCM may not have been placed in  his  military  personnel
records since he separated from active duty the following day on  21 Nov 69.
 In view of the above, it is our opinion that  the  applicant’s  entitlement
to the AFCM should be resolved in  his  favor.   Accordingly,  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 on 20 November 1969, he was  awarded
the Air Force Commendation Medal for meritorious service during  the  period
22 November 1966 through 21 November 1969.

________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2008-03400
in Executive Session on 8 Jan 09, under the provisions of AFI 36-2603:

                       Ms. James W. Russell III, Panel Chair
                       Ms. Michele M. Rachie, Member
                       Mr. Kurt R. LaFrance, Member

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

    Exhibit A.  DD Form 149, dated 15 Sep 08, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memo, AFPC/DPSIDR, dated 10 Oct 08.
    Exhibit D.  Letter, SAF/MRBR, dated 31 Oct 08.
    Exhibit E.  Letter, Applicant, dated 24 Nov 08, w/atchs.




                                   JAMES W. RUSSELL III
                                   Panel Chai

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