RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-03006
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
THE APPLICANT REQUESTS THAT:
He be entitled to the Berlin Airlift Device (BAD)
(Administratively Corrected) and the Legion of Merit, with 2 Oak
Leaf Clusters (LOM, w/2OLCs) (LOM, Administratively Corrected).
________________________________________________________________
THE APPLICANT CONTENDS THAT:
His service during the Berlin Airlift on 11 Feb 48 and 12 Mar 49
can be verified in his records. In addition, he should be
awarded the LOM, w/2OLCs for his service at Laughlin AFB, TX,
Offutt AFB, NE, and March AFB, CA.
In support of his appeal, the applicant provides a copy of his
National Archives (NA) Form 13059, Transmittal of and/or
Entitlement to Awards and a chronological listing of service.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted
from the applicants military records, are contained in the
letter prepared by the appropriate office of the Air Force.
The applicants record will be administratively corrected to
reflect his entitlement to the LOM and the BAD on his Army of
Occupation Medal (AOCM).
________________________________________________________________
THE AIR FORCE EVALUATION:
AFPC/DPSIDR recommends denial of the applicants request for the
LOM, w/2OLCs. While they were able to locate the special order
awarding the applicant the LOM, they were not able to locate a
special order or recommendation verifying his entitlement to the
first and second OLCs.
The complete AFPC/DPSIDR evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
The applicant notes that he was awarded the LOM, with his first
oak leaf cluster, for his service at March AFB, CA, from Jun 68
to Jul 71, and the LOM with the second oak leaf cluster, for his
service at March AFB, CA from Aug 71 to Feb 74.
The applicants complete response 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. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. We took notice
of the applicant's complete submission in judging the merits of
the case; however, 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 that relief beyond
that already granted administratively is not warranted. In
addition, while we note the applicant indicates that he was
awarded the LOM, with the first and second oak leaf clusters for
his service at March AFB, CA, we found no evidence that the
applicant was ever awarded these medals. Should the applicant
provide sufficient evidence to substantiate his claim, we would
be inclined to reconsider his request. Therefore, in the
absence of evidence to the contrary, we find no basis to
recommend granting the relief sought in this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2010-03006 in Executive Session on 28 April 2011,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Aug 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIDR, dated 6 Oct 10.
Exhibit D. Letter, SAF/MRBR, dated 22 Oct 10.
Exhibit E. Letter, Applicant, dated 3 Nov 10.
Panel Chair
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