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AF | BCMR | CY2009 | BC-2008-04363
Original file (BC-2008-04363.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-04363
            INDEX CODE:  107.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect he was awarded multiple Air Medals
(AM) and Aerial Achievement  Medals  (AAM)  in  support  of  Operation
DESERT STORM (ODS), Operation ENDURING  FREEDOM  (OEF)  and  Operation
IRAQI FREEDOM (OIF).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His records were not updated prior to his retirement.

The applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant served on active duty from 29 May  to  31  Aug  05.   He
participated in ODS, OEF and OIF as a KC-135 pilot.  He retired in the
grade of lieutenant colonel on 1 Sep 05.

His DD 214 indicates award of the AM w/1 Oak Leaf Cluster, and the AAM
(Basic) and numerous additional awards.

The AM is awarded to the U.S.  military  and  civilian  personnel  for
single acts of heroism or meritorious achievement while  participating
in aerial flight and foreign military personnel in  actual  combat  in
support  of  operations.   Required  achievement  is  less  than  that
required for the Distinguished Flying Cross, but must be  accomplished
with distinction  above  and  beyond  that  expected  of  professional
airmen.  It is  not  awarded  for  peace  time  sustained  operational
activities and flights.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial and states, in part, that after a review
of the applicant’s military records,  his  eligibility  for  award  of
additional AMs and AAMs could not be verified.

DPSIDR verified the applicant was awarded the  AM,  AM  w/1  Oak  Leaf
Cluster, and the AAM during ODS.

The complete 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
13 Feb 09, 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 Board notes, the applicant’s
records reflect his entitlement to the AM, AM w/1 OLC,  and  the  AAM.
However, he  has  not  submitted  sufficient  persuasive  evidence  to
substantiate additional  awards,  nor  does  the  evidence  of  record
reflect his eligibility for additional awards for his participation in
Operation ENDURING FREEDOM or  Operation  IRAQI  FREEDOM.   Should  he
provide official documentation to support his request  for  additional
medals, the Board would be willing to reconsider his request.  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 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-
04363 in Executive Session on 19 Aug 09, under the provisions  of  AFI
36-2603:

                 Mr. Gregory A. Parker, Panel Chair
                 Ms. Barbara J. Barger, Member
                 Ms. Patricia R. Collins, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 16 Dec 08.
      Exhibit B. Applicant’s Master Personnel Record.
      Exhibit C. Letter, AFPC/DPSIDR, dated 30 Jan 09.
      Exhibit D. Letter, SAF/MRBR, dated 13 Feb 09.





      GREGORY A. PARKER
      Panel Chair

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