RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00485
COUNSEL: YES
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
1. His summary court-martial (SCM) and lost time be removed
from his record.
2. He be awarded the Good Conduct Medal (GCM) (Administratively
corrected), Presidential Unit Citation (PUC), and all
decorations for being a Cold War veteran.
APPLICANT CONTENDS THAT:
It is time for a review board to correct an injustice
administered to him when he was a 17 year old minor without
proper representation or counsel. He was used as a scape goat
for a minor infraction that should have never resulted in more
than an Article 15.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on
30 Nov 56.
On 8 Dec 60, the applicant was furnished an honorable discharge,
and was credited with 3 years, 11 months, and 20 days of active
service, but charged with 30 days lost time. The applicants
records do not contain any documents related to the contested
SCM, so the circumstances surrounding his discharge could not be
verified.
The remaining relevant facts pertaining to this application are
contained in the memoranda prepared by the Air Force offices of
primary responsibility, which are attached at Exhibits C, D,
and E.
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial of the applicants requests for the
PUC and any decorations related to being a Cold War veteran.
The PUC is awarded in the name of the President of the United
States to units of the Armed Forces of the United States and
cobelligerent nations for extraordinary heroism in action
against an armed enemy occurring on, or after, 16 Oct 41.
However, there was no official documentation located in the
applicants record verifying that he was assigned or attached to
a unit that received the PUC while he was assigned. As for his
request for recognition related to being a veteran of the Cold
War, the Cold War Certificate recognizes members of the Armed
Forces and civilian personnel of the United States Government
who served in the United States during the Cold War. However,
this certificate is not an official Air Force decoration or
award. The endeavor is being conducted by the Department of the
Army and the applicant may order his certificate online at
https://www.hrc.army.mil/site/active/tagd/coldwar/default.htm. A
review of the applicants records did reveal that he was
entitled to the GCM and the Air Force Outstanding Unit Award
(AFOUA) and his records will be corrected administratively.
A complete copy of the AFPC/DPSID evaluation is at Exhibit C.
AFPC/DPTOS recommends denial of reinstatement of lost time,
indicating there is no evidence of an error or an injustice.
Lost time for a court-martial conviction is considered not
credible service. Only if the conviction was set aside and/or
the member was found not guilty or acquitted can a request for
reinstatement of lost time be approved.
A complete copy of the AFPC/DPTOS evaluation is at Exhibit D.
AFPC/JAJM recommends denial, indicating there is no evidence of
an error or injustice with respect to the SCM proceedings. The
applicant provided no substantiating documents or evidence
supporting his request for removal of the SCM from his records.
In BCMR matters, the burden of proof is on the applicant. In
this case, nearly 57 years after the Nov 57 SCM, the applicant
would like the results of the SCM overturned without any
substantiated evidence. The Court, at the time of the SCM, was
in the best position to ensure that the applicant understood his
rights and was in the best position to hear the evidence and to
make determinations of guilt or innocence based upon the facts
presented at that time.
A complete copy of the AFLOA/JAJM evaluation is at Exhibit E.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reiterates he should be entitled to the PUC and
GCM. He further states that his discharge was unduly harsh and
the result of a prank played on another airman (Exhibit F).
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 warranting
corrective action by this Board. We took notice of the
applicants complete submission in judging the merits of the
case; however, we agree with the opinions and recommendations of
the Air Force offices of primary responsibility (OPR) and adopt
their rationale as the basis for our conclusion the applicant
has not been the victim of an error or injustice with respect to
his court-martial, lost time, or entitlement to the Presidential
Unit Citation (PUC). We note the Air Force OPR has determined
the applicants eligibility for the Good Conduct Medal (GCM) and
Air Force Outstanding Unit Award (AFOUA) and has corrected his
records administratively. Therefore, in the absence of evidence
to the contrary, we find no basis to recommend granting relief
beyond that rendered administratively.
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-2014-00485 in Executive Session on 11 Dec 14, under
the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2014-00485 was considered:
Exhibit A. DD Form 149, dated 1 Feb 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSID, dated 25 Mar 14.
Exhibit D. Memorandum, AFPC/DPTOS, dated 25 Apr 14.
Exhibit E. Memorandum, AFLOA/JAJM, dated 12 Jun 14.
Exhibit F. Applicants Rebuttal, undated.
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