RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-01288
		INDEX CODE:  107.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to reflect award of the Air Force Outstanding Unit Award (AFOUA), Ninth Oak Leaf Cluster (9OLC).

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APPLICANT CONTENDS THAT:

The medals and awards were not approved for presentation for his service in Albania and Kosovo at the time of his separation.

In support of his appeal, the applicant provided copies of an AF Form 104, Service Award Verification, and his separation document.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force.  Accordingly, there is no need to recite these facts in this Record of Proceedings.

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AIR FORCE EVALUATION:

The Recognition Program Branch, AFPC/DPPPR, reviewed this application and recommended denial of the applicant’s request for award of the AFOUA (9OLC).

DPPPR noted that the applicant served on active duty during the period 27 Dec 85 to 5 Mar 00.  His DD Form 214 reflected award of the AFOUA with V device and eight (8) OLCs and the Joint Meritorious Unit Award (JMUA).

DPPPR indicated that on 24 May 01, their office informed the applicant that they needed documentation to verify his entitlement to the additional awards he requested and that they could only verify his entitlement to the AFOUA (2OLC) at that time.

According to DPPPR, the applicant responded on 17 Jun 01, providing documentation that enabled them to verify his entitlement to the Kosovo Campaign Medal with First (1) Bronze Service Star and Humanitarian Service Medal.  He stated that he had gone back to Tinker AFB and it was confirmed that he was not entitled to an oak leaf cluster to the Joint Meritorious Unit Citation.

DPPPR stated that, on 29 Jun 01, they verified the applicant’s entitlement to those awards he requested, except for the AFOUA.  Each assignment and temporary duty (TDY) was listed, showing the unit award earned each time.  The applicant was informed that they could only verify the AFOUA with 1 Silver (denotes 5 bronze OLCs) OLC.  He was asked to withdraw his application if he agreed.  The applicant did not respond.

According to DPPPR, the applicant’s DD Form 214 has been corrected to reflect award of the Humanitarian Service Medal and Kosovo Campaign Medal with one (1) Bronze Service Star (1BSS).  Since the applicant admitted that Tinker AFB OK had misinformed him regarding the Joint Meritorious Unit Award, they no longer consider this an issue.  Unfortunately, the applicant’s records showed credit for AFOUAs earned not only by the unit to which he was assigned, but also the parent unit, in several cases.  Therefore, his DD Form 214 reflected award of eight (8) bronze OLCs when, in fact, he is only entitled to 1 silver OLC.  However, it is not their policy to delete awards once they are reflected on a DD Form 214.  They believe, after the addition of the Humanitarian Service Medal and Kosovo Campaign Medal with 1 Bronze Star, the applicant’s DD Form 214 should be considered correct.

A complete copy of the DPPPR evaluation, with attachments, is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 14 Sep 01 for review and response.  As of this date, no response has been received by this office (Exhibit D).

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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 probable error or injustice regarding the applicant’s request for award of the AFOUA (9OLC).  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 their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  No evidence has been presented which would lead us to believe that the applicant was entitled to the award.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend favorable action on the applicant’s request.

4.  With regard to the applicant’s requests for the Humanitarian Service Medal and Kosovo Campaign Medal (1BSS), we note that the requests have been resolved administratively.  Also, concerning his request for award of the JMUA, we note that DPPPR indicated the applicant has admitted he was misinformed about his entitlement to this award and that they no longer consider this an issue.  We agree.  In view of the foregoing, no further action is contemplated regarding these requests.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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.

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The following members of the Board considered this application in Executive Session on 23 Oct 01, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 May 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 30 Aug 01, w/atchs.
    Exhibit D.  Letter, SAF/MIBR, dated 14 Sep 01.

                                   
                                   Panel Chair