RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  02-00590
		INDEX CODE 107.00
	 	COUNSEL:  None

	 	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

He be awarded the Meritorious Service Medal (MSM).

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APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust and the evidence submitted in support of the appeal are at Exhibit A.

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STATEMENT OF FACTS:

The applicant entered active duty on 21 Jun 61 and was ultimately promoted to the grade of master sergeant. His last assignment was as a unit maintenance superintendent with Detachment 5, 37 ARRS, at Malmstrom AFB, MT. The majority of his performance reports reflect the highest overall rating of 9.  He retired in the grade of master sergeant on 1 Oct 83 with 22 years, 3 months and 10 days of active service. The applicant’s DD Form 214 does not reflect receipt of the MSM, and his records do not include an order for that award.

On 27 Mar 02, HQ AFPC/DPPPRA advised the applicant that his records contained no documentation indicating he was recommended for or awarded the MSM. The applicant was invited to provide additional documentation to substantiate his claim; however, he did not respond.

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AIR FORCE EVALUATION:

HQ AFPC/DPPPR advised that the applicant did not respond to their suggestion that he provide a copy of the MSM order.  Since they cannot verify his eligibility for or entitlement to the MSM, they recommend denial.

A complete copy of the evaluation, with attachment, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 31 May 02 for review and comment within 30 days.  As of this date, this office has received no response. 

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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 error or injustice to warrant award of the MSM. Applicant’s contentions are duly noted; however, we do not find these uncorroborated assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force. Despite invitations to do so, the applicant has not provided any evidence substantiating he was awarded the MSM as he alleges. We therefore agree with the recommendations of the Air Force and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden of having suffered either an error or an injustice. Therefore, absent persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

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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.

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The following members of the Board considered this application in Executive Session on 24 July 2002 under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

The following documentary evidence relating to AFBCMR Docket Number 02-00590 was considered:

   Exhibit A.  DD Form 149, dated 4 Feb 02.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, dated 23 May 02, w/atch.
   Exhibit D.  Letter, SAF/MRBR, dated 31 May 02.