RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2009-00269
            INDEX NUMBER: 107.00

      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

She be awarded the Air Force Commendation  Medal,  First  Oak  Leaf  Cluster
(AFCM, 1OLC) and the Armed Forces Expeditionary Medal (AFEM).

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

She should have been awarded the AFCM, 1OLC for meritorious service  from  8
Aug 98 – 30 Nov 00.  While applying for a government job,  she  requested  a
five-point  preference  and  realized  the  medal  was  not  listed  on  her
DD Form 214, Certificate of Release or Discharge from Active Duty.

In support of her  appeal,  the  applicant  submits  a  copy  of  her  award
certificates for the AFEM and the AFCM, 1OLC.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force  on  18  Oct  93.   She  was
honorably discharged on 30 Nov 00 under the provisions of AFI 36-3208,  with
a reason for separation of pregnancy or  childbirth  –  convenience  of  the
government.  She was credited with 7 years, 1 month, and 13 days  of  active
duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial of the AFCM, 1OLC, indicating  that  based  on
the applicant’s military record and provided documentation, they  were  able
to verify her entitlement to the AFEM for time  served  in  Kuwait  and  the
AFCM, Basic, based on Special Order GA-07.  However,  no  documentation  was
provided or located that verifies the applicant’s entitlement to  the  AFCM,
1OLC.

Prior to the National Defense Authorization Act  (NDAA),  Section  526,  the
timeline for submitting decorations was two years from the date of  the  act
or achievement.  Based on current law and statute,  this  timeline  has  now
been  waived;  however,  the  original  or   reconstructed   written   award
recommendation  is   required.    All   military   decorations   require   a
recommendation from a recommending official within  the  member’s  chain  of
command at the time of the act or achievement,  or  someone  with  firsthand
knowledge.  The recommending official must sign the recommendation.

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  1  Jun
09 for review and comment 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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of an error or injustice warranting award of an Oak  Leaf  Cluster
(OLC) to the Air Force Commendation Medal (AFCM).  We note the  comments  by
AFPC/DPSIDR that they were not able to verify  the  applicant’s  entitlement
to the  requested  award.   Nonetheless,  after  a  careful  review  of  the
available record and the applicant’s submission, including the citation  for
the  award  of  the  AFCM,  1OLC,  we  are  convinced  of  the   applicant’s
entitlement to the requested award and that it was awarded at  the  time  of
her separation.   Therefore,  to  preclude  any  further  injustice  to  the
applicant, we recommend her records be corrected  to  the  extent  indicated
below.

4.  Additionally, we note the applicant’s records will  be  administratively
corrected to award the AFEM for her service in  Kuwait  from  14 Sep 96-  14
Dec 96.  Therefore, no further action by this Board is necessary.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that her  DD  Form  214,  Certificate  of
Release or Discharge from Active Duty, issued in  conjunction  with  her  30
November 2000 discharge,  be  amended  in  Block  13,  Decorations,  Medals,
Badges, Citations and Campaign Ribbons Awarded  or  Authorized,  to  reflect
“AF  Commendation  Medal,  with  1  Oak  Leaf  Cluster,”  rather  than   “AF
Commendation Medal.”

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2009-00269
in Executive Session on 19 August 2009, under  the  provisions  of  AFI  36-
2603:

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

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

     Exhibit A.  DD Form 149, dated 20 Jan 09, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSIR, dated 12 May 09, w/atch.
     Exhibit D.  Letter, SAF/MRBR, dated 1 Jun 09.




                                  GREGORY A. PARKER
                                  Panel Chair

AFBCMR BC-2009-00269




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to XXXXXXX, XXXXXXX, be corrected to show that her DD Form 214,
Certificate of Release or Discharge from Active Duty, issued in conjunction
with her 30 November 2000 discharge, be, and hereby is, amended in Block
13, Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or
Authorized, to reflect “AF Commendation Medal, with 1 Oak Leaf Cluster,”
rather than “AF Commendation Medal.”









JOE G. LINEBERGER

Director

Air Force Review Boards Agency






This document contains information which must be protected IAW AFI 33-332
and DoD Regulation 5400.11; Privacy Act of 1974 as Amended Applies, and it
is For Official Use Only (FOUO).