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AF | BCMR | CY2013 | BC 2013 02573
Original file (BC 2013 02573.txt) Auto-classification: Denied

RECORD OF PROCEEDINGS 
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-02573
	XXXXXXX	COUNSEL:  NONE
	 	HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Air Force Good Conduct Medal (AFGCM).

________________________________________________________________

THE APPLICANT CONTENDS THAT:

He should be issued the AFGCM for his honorable service during 
his final years of active duty.  

He was overlooked because it was not generally known that it was 
available for award and issue.  He was awarded the Good Conduct 
Medal (GCM) and the bar attesting to subsequent awards.

He does not believe the failure to issue the AFGCM was based on 
any intent to degrade his service.  In fact, he was awarded the 
Air Force Commendation Medal (AFCM) during the same period.

In support of his appeal, the applicant provides a personal 
statement and copies of extracts from his enlisted performance 
record and accomplishments.

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

________________________________________________________________

STATEMENT OF FACTS:

According to Special Order (SO) M-2, dated 8 Feb 62, the 
applicant was awarded the Good Conduct Medal, with Five Bronze 
Loops (GCM, w/5 BLPS) for the period 24 Jan 56 – 23 Jan 62.

On 31 Dec 64, the applicant was relieved from active duty and 
retired effective 1 Jan 65 in the grade of master sergeant.  

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSID recommends denial.  DPSID states the applicant's 
2 years, 11 months, and 7 days of active duty service from the 
end date of his last award of the GCM renders him ineligible for 
award of the AFGCM as the 3 year criteria was not met.  The 
applicant was appropriately recognized with the GCM, w/5 BLPS 
for his continuous active duty service from 24 Jan 53 to 31 Dec 
64.  To grant relief would be contrary to the eligibility 
criteria established by the Secretary of the Air Force.

The AFGCM was authorized by the Secretary of the Air Force on 
1 Jun 63.  The medal is awarded to enlisted personnel during a 
three-year period of active military service or for a one-year 
period of service during a time of war.  Airmen awarded this 
medal must have had character and efficiency ratings of 
excellent or higher throughout the qualifying period. In 
accordance with Executive Order 8809, amended by Executive Order 
9323, the AFGMC may also be awarded to service members who 
complete more than one year but less than three years of active 
Federal military service if the AFGCM has not been previously 
awarded.

The applicant's DD Form 214, Armed Forces of the United States 
Report of Transfer or Discharge, with effective date 13 Jul 64, 
which reflects award of the GCM, w/5 BLPS for his service for 
the period 24 Jan 59 to 23 Jan 62 is correct.  The period of 
service in question is from 24 Jan 62 to 31 Dec 64, which is 
23 days short of 3 years.  DPSID was unable to verify that the 
applicant was eligible for the AFGCM for this period of service.  

The complete DPSID evaluation is at Exhibit C.

________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

He notes that DPSID quoted Executive Order 8809, amended by 
Executive Order 9323 that states the AFGCM may also be awarded 
to service members who complete more than one year but less than 
three years of active federal military service if the Air Force 
Good Conduct Medal has not been previously awarded."

He believes that the Executive Order was issued for situations 
such as his where he was only 23 days short of the normal 
authorization period.

He was not aware of the authorization of the AFGCM so he was not 
in a position to adjust his retirement date.  Otherwise he would 
have delayed his retirement date 23 days.

In support of his appeal, the applicant provides copies of the 
citation for award of the AFCM; letter of appreciation and 
various other supporting documents.

________________________________________________________________

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 note that 
the applicant believes that Executive Order 9323 was issued for 
situations such as his since he was only 23 days short of 
3 years.  However, after carefully reviewing the available 
evidence, we do not find his assertions sufficiently persuasive 
to override the rationale provided by the Air Force Office of 
Primary Responsibility (OPR).  Therefore, we agree with the 
opinion and recommendation of the Air Force OPR and adopt the 
rationale expressed as the basis for our conclusion that the 
applicant has failed to sustain his burden of proof that he has 
been the victim of an error or injustice.  In view of the above 
and in the absence of evidence to the contrary, we find no basis 
to recommend granting further relief 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-2013-02573 in Executive Session on 13 Mar 14, under 
the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 22 May 13, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSID, dated 16 Sep 13.
    Exhibit D.  Letter, SAF/MRBR, dated 29 Oct 13.
    Exhibit E.  Letter, Applicant, dated 7 Nov 13, w/atchs.




                                   
                                   Panel Chair


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