RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-01275
		INDEX CODE:  107.00, 123.08

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His DD Form 214 (Report of Separation from Active Duty) be corrected to reflect all lost time was paid back and he was awarded the Distinguished Service Medal, Bronze Star Medal, and Good Conduct Medal.

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APPLICANT CONTENDS THAT:

The lost time was paid back by serving additional time at the end of his enlistment and it appears that his medals were denied on that basis.

In support of the applicant’s appeal, he submitted a letter of character reference on his behalf from his parents; an Airman Promotion Eligibility Verification Record; and two airman performance reports (APR) (reverse side only).

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

On 22 May 69, the applicant enlisted in the Regular Air Force in the grade of airman basic (E-1) for a period of four years.  Applicant’s grade at time of discharge was sergeant (Sgt/E-4).  

A resume of applicant’s Airman Performance Reports (APRs) profile follows:

	      PERIOD CLOSING			OVERALL EVALUATION

			22 Mar 71							4
			22 Sep 71							7
			 8 May 72							6
			 6 Dec 72							7

On 26 Jan 70, applicant was convicted by Special Court-Martial for being absent without leave (AWOL) from 30 Aug 69 until 3 Nov 69 (on 28 Sep 69, applicant’s AWOL status was upgraded to deserter status).  He received a reduction to the grade of airman basic, and a suspended sentence to confinement at hard labor (CHL) for 45 days.

On 6 Feb 70, applicant’s date of separation (DOS) was adjusted to 10 Aug 73, and his date of rank (DOR) and effective date of promotion to airman (Amn/E-2) was adjusted to 12 Sep 69.  On 11 Apr 72, the squadron commander non-recommended him for retention based on his lost time.  

Applicant’s DD Form 214 reflects time lost periods as: 30 Aug 69 – 27 Sep 69; 28 Sep 69 – 3 Nov 69; and 12 Jan 70 – 26 Jan 70.  His records reflect that he was awarded the Air Force Good Conduct Medal and the National Defense Service Medal.

On 10 Aug 73, applicant was honorably discharged under the provisions of AFM 39-10 (separation upon expiration of term of active service).  He was credited with 3 years, 11 months and 28 days of active duty service.  

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AIR FORCE EVALUATION:

HQ AFPC/DPW recommends that the applicant’s lost time remain on his DD Form 214.  Lost time must be recorded on the DD Form 214 for members who have had lost time during an enlistment, even if the applicant has made all the lost time good.  The DD Form 214 accurately reflects lost time in the amount of 86 days.  Applicant’s original date of separation (DOS) was 21 May 73 and he received 86 days of lost time during the enlistment.  Therefore, his DD Form 214 accurately reflects his adjusted DOS as 10 Aug 73, which demonstrates that lost time was made good.  

A complete copy of the evaluation is at Exhibit C.

HQ AFPC/DPPPR reviewed this application and recommended denial.  They state the applicant served on active duty during the period 22 May 69 – 10 Aug 73, with an overseas tour in the Philippines from 21 May 71 – 22 Jun 72.  His DD Form 214 reflects award of the Air Force Good Conduct Medal (AFGCM) and National Defense Service Medal (NDSM).  Applicant was advised that his DD Form 214 reflected award of the AFGCM and NDSM, and that there was no indication in his records that he was recommended for, or awarded, the DSM or BSM.  

A complete copy of the evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant’s father submitted a response to the evaluation dated 28 Aug 02.  He resubmitted the Airman Promotion Eligibility Verification Record and states it reflects award of the DSM and BSM.

He further re-emphasized comments from the applicant’s rater and endorser about the applicant’s performance during the period of the reports closing 8 May 72 and 6 Dec 72, respectively.

A complete copy of the response is at Exhibit F.

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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.  We took notice of the applicant's complete submission in judging the merits of the case.  In this respect, we note that the Airman Promotion Eligibility Verification Record provided by the applicant reflects zero in the section entitled “Number of Decorations” for the Distinguished Service Medal and Bronze Star Medal.  Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their 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 compelling basis to recommend granting the relief sought in this application.

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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 AFBCMR Docket Number 02-01275 in Executive Session on 9 Oct 02, under the provisions of AFI 36-2603:
The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 8 Apr 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPW, dated 22 May 02.
    Exhibit D.  Letter, HQ AFPC/DPPPR, dated 22 Jul 02, w/atch.
    Exhibit E.  Letter, SAF/MRBR, dated 26 Jul 02, w/atchs.
    Exhibit F.  Letter, Applicant’s Father, dated 28 Aug 02,
                w/atchs.