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AF | BCMR | CY2010 | BC-2009-01520
Original file (BC-2009-01520.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-01520
            INDEX CODE:  107.00
            COUNSEL:  VETERANS SVC OFFICE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His record be corrected to reflect he was awarded the following  medals  and
ribbons:

  1.  National Defense Service Medal (NDSM)


  2.  Good Conduct Medal (GCM)


  3.  Air Force Overseas Service Ribbon (AFOSR)


  4.  Armed Forces Expeditionary Medal (AFEM)

_________________________________________________________________

APPLICANT CONTENDS THAT:

The above mentioned awards and decorations were omitted from his records.

The applicant's complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air  Force  on  19  Sep  52.   He  was
honorably discharged on 7 Oct 57, in  the  grade  of  airman  second  class,
after serving 5 years and 19 days on active duty.

His DD Form 214, Report of Separation from the Armed Forces  of  the  United
States, indicates that in addition to  the  medals  listed  above,  he  also
received the United Nations Service Medal and the Korean Service Medal.

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.  This medal was  established  on  Dec.  4,
1961, to be awarded to members of the United States armed forces who,  after
July 1, 1958, have participated in a United States  military  operation  and
encountered foreign armed opposition, or were in danger  of  hostile  action
by foreign armed forces.  Service members must be engaged in direct  support
for 30 consecutive days in the area of operations or for  60  nonconsecutive
days provided this support involves entering the area  of  operations;  and,
must have specifically deployed for the direct  support  of  the  designated
military operation.

The applicant was assigned duties in Japan, Iwo Jima, and  Newfoundland  and
these areas are not considered qualifying areas for receipt of the AFEM.

Before 6 Jan 89, the AFOR was  awarded  to  the  Air  Force  and  Air  Force
Reserve members credited with completion of an overseas tour on or  after  1
Sep 80.  The applicant is ineligible as he separated from service on  7  Oct
57, several years before the AFOR was authorized.

The Air Force office of  primary  responsibility  was  able  to  verify  the
applicant’s entitlement to the GCM and NDSM awards; thus,  his  record  will
be administratively corrected to reflect these awards.

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 21  Aug
09, 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 regarding the applicant’s request for  award
of the AFOSR and AFEM.  Based on our review of the evidence  of  record  and
the established award criteria, the applicant does not meet the  established
criteria and is therefore  not  eligible  for  the  requested  awards.   The
personal sacrifice the applicant endured for his country is  noted  and  the
recommendation to deny the requested relief in no way  diminishes  the  high
regard we have for his service.  Nevertheless, in  view  of  the  above,  we
find no basis  to  favorably  consider  this  portion  of  his  application.
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 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  AFBCMR  BC-2009-01520  in
Executive Session on 4 Feb 10, under the provisions of AFI 36-2603:

      Panel Chair
      Member
      Member
The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 26 Mar 09.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPSIDR, dated 29 Jul 09.
    Exhibit E.  Letter, SAF/MRBR, dated 21 Aug 09.





                                   Panel Chair

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