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AF | BCMR | CY2011 | BC-2010-00179
Original file (BC-2010-00179.docx) Auto-classification: Denied

RECORD OF PROCEEDINGS

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: DOCKET NUMBER: BC-2010-00179

XXXXXXX COUNSEL: NONE

HEARING DESIRED: NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect he was awarded the following awards and decorations:

1.  Air Force Overseas Ribbon (AFOR).

2.  Air Force Longevity Service Award (AFLSA).

3.  Air Force Outstanding Unit Award (AFOUA) (to be administratively resolved).

4.  Air Force Good Conduct Medal (AFGCM) (to be administratively resolved).

5.  Any other awards and decorations for which he is entitled.

________________________________________________________________

APPLICANT CONTENDS THAT:

His records are incorrect and do not reflect the awards and decorations for which he is entitled.

In support of his request, the applicant provides copies of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, and various orders pertaining to his temporary duty (TDY) and permanent assignments during his service in the Air Force.

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

_________________ ______________________________________________

STATEMENT OF FACTS:

The applicant’s military personnel records indicate he enlisted in the Regular Air Force on 1 Dec 58 in the grade of airman basic (E-1) for a period of four years. He was progressively promoted to the grade of airman second class (E-3), effective and with a date of rank of 1 Jun 60. On 23 Oct 62, he was honorably discharged at the completion of his required active service and was credited with 3 years, 10 months, and 23 days of total active service.

On 19 Mar 10, AFPC/DPAPP notified the applicant they were able to verify his foreign service at Yakota Air Base, Japan; Anderson Air Force Base, Guam; and Rhein Main Air Base, Germany; for a combined total of two years and two months of foreign service and corrected his records administratively.

On 6 Apr 10, AFPC/DPSIDR notified the applicant they were able to verify his entitlement to the AFOUA w/2 oak leaf clusters (OLC), AFGCM, and the NDSM.

The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit C.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial of the applicant’s request for the AFOR and AFLSA, indicating there is no evidence of an error or injustice. Before 6 Jan 86, the AFOR was awarded to Air Force and Air Force Reserve members credited with the completion of an overseas tour on or after 1 Sep 80. Air Force and Air Force Reserve members serving on or after 6 Jan 86 are entitled to reflect all Air Force overseas tours credited during their career, regardless of when they occurred. However, the applicant separated from active duty on 23 Oct 62, several years before the AFOR was authorized, rendering him ineligible for the award. The AFLSA is awarded to all Air Force members who complete four continuous years of honorable active or reserve military service. Active and reserve service cannot be combined to qualify for the award. According to the applicant’s military personnel records, he served on active duty for a total of 3 years, 10 months, and 23 days, and is therefore ineligible for entitlement to the AFLSA as he did not complete the requisite service to qualify for the award.

A complete copy of the 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 23 Apr 10 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.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice regarding the applicant’s requests for the Air Force Overseas Ribbon (AFOR) and Air Force Longevity Service Award (AFLSA). 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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. We note the Air Force OPR has determined the applicant’s eligibility for the Air Force Outstanding Unit Award (AFOUA) w/2 oak leaf clusters (OLC), Air Force Good Conduct Medal (AFGCM), and the National Defense Service Medal (NDSM) and they will correct his records administratively. Therefore, in the absence of evidence to the contrary, we find no basis for us to recommend granting the applicant’s remaining requests.

________________________________________________________________

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-2010-00179 in Executive Session on 5 Apr 11, under the provisions of AFI 36-2603:

Ms. XXXXXXXXXX, Panel Chair

Ms. XXXXXXXXXX, Member

Mr. XXXXXXXXXX, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-00179 was considered:

Exhibit A.  DD Form 149, dated 6 Jan 10, w/atchs.

Exhibit B.  Applicant's Master Personnel Records.

Exhibit C.  Letter, AFPC/DPSIDR, dated 6 Apr 10.

Exhibit D.  Letter, SAF/MRBR, dated 23 Apr 10.

XXXXXXXXXX

Panel Chair

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