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AF | BCMR | CY2013 | BC-2013-01347
Original file (BC-2013-01347.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2013-01347
						COUNSEL:  NONE
   						HEARING DESIRED:  NO 

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be amended to show she was awarded the Good Conduct Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

It was an administrative error that she was not awarded the medal since she completed three full years of honorable service.  She discovered the error when she was applying for Department of Veterans Affairs (DVA) benefits.  

In support of her request, the applicant provides a copy of her DD Form 214.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 27 Aug 1957, the applicant entered active duty.     

On or about 30 Oct 1959, the applicant, a minor, was charged with possession of packaged alcoholic beverages in violation of Article 92 of the Uniformed Code of Military Justice (UCMJ).

On 24 Nov 1959, she refused punishment by Article 15 and elected trial by summary court martial.  

On 25 Nov 1959, the applicant was sentenced to restriction to the limits of the base for 30 days and forfeiture of $45.00.  

On 26 Aug 1960, she was honorably discharged after serving on active duty for three years. 

The Good Conduct Medal is awarded to enlisted members who have honorably completed three continuous years of active military service subsequent to 26 Aug 1940, and who are recommended by their commanding officers for exemplary behavior, efficiency and fidelity.  This medal is only awarded to airmen prior to the establishment of the Air Force Good Conduct Medal (AFGCM) on    1 Jun 1963. 

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSID recommends denial. After a thorough review of the applicant’s military service records, DPSID was unable to verify that the applicant was awarded the Good Conduct Medal. The applicant served on active duty for a total of three years but received punishment for actions on 30 Oct 1959 which rendered her ineligible for the award.  To grant the applicant relief would be contrary to the eligibility criteria established by Department of Defense Manual 1348.33, Manual of Military Decorations and Awards, and Air Force Instruction 36-2803, Air Force Awards and Decorations Program.  

The complete DPSID evaluation is at Exhibit C.  

_______________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

On 5 Jul 2013, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days.   As of this date, this office has not received a 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.  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 the applicant has not been the victim of an error or injustice.  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 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 Docket Number BC-2013-01347 in Executive Session on 9 Jan 2014, under the provisions of AFI 36-2603:

       , Panel Chair
       , Member
       , Member
      
The following documentary evidence was considered:    

     Exhibit A.  DD Form 149, dated 14 Mar 2013, w/atch.
     Exhibit B.  Applicant’s Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSID, dated 21 Jun 2013.
     Exhibit D.  Letter, SAF/MRBR, dated 5 Jul 2013.  



                                    
                                   Panel Chair

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