RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2003-01066
INDEX CODE:  107.00
	XXXXXXXXXXXXXXXXXXX			COUNSEL: NONE

	XXXXXXXXXXXXX				HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT: 

His DD Form 214 be corrected to reflect ten missing awards he is entitled to including the Air Force Overseas (Long and Short) Tour Ribbons, Small Arms Expert Marksmanship Ribbon, Air Force Outstanding Unit Award, Army Commendation Medal, Combat Readiness Medal, Armed Forces Service Medal, and Army Service Ribbon.

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APPLICANT CONTENDS THAT:

His DD Form 214 is incorrect because it is missing several ribbons he is entitled to.  He sent a list of the missing ribbons to the Air Force Personnel Center at Randolph AFB, TX. 

In support of his application, the applicant provides a personal; statement and copies of his DD Forms 214, Report of Separation From the Armed Forces of the United.  The applicant’s complete submission with attachments is at Exhibit A.

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STATEMENT OF FACTS:

On 3 June 1947, the applicant enlisted in the Army at the age of 17 for a period of three years in the rank of private (E-1).  He was honorably discharged from the Army on 2 June 1950 due to Expiration of Term of Service (ETS).  The applicant enlisted in the Regular Air Force on 8 June 1951 in the grade of private first class for a period of four years.  On 16 July 1951, 3 September 1951 and 26 October 1951, his character and efficiency were rated “excellent.”  On 14 May 1952, he received character and efficiency ratings of “fair” and “satisfactory,” respectively.  He subsequently received character and efficiency ratings of “excellent” on 1 July 1953 and 12 February 1954.

On 27 August 1952, the applicant was tried and convicted by a Special Court-Martial for the offense being Absent Without Leave (AWOL) for the period 14 May 1952 through 5 July 1952.  He was sentenced to two months of hard labor and a forfeiture of $28 per month.  On 9 October 1952, the unexecuted portion of the sentence to confinement at hard labor for two months and forfeiture of $28 per month for a like period was remitted.

While serving in the grade of airman third class, on 3 June 1954, the applicant was tried and convicted by a Summary Court-Martial for the offense of being AWOL 17-23 May 1954.  He was sentenced to be confined at hard labor for 15 days and to forfeit $10.  On 9 July 1954 through 14 July 1954, the applicant was considered to be in AWOL status because he was being retained for a charge of car theft by civilian authorities.  On 23 November 1954, the applicant was convicted of car theft by civilian authorities and fined $5 and sentenced to one year in civilian confinement.  

On 23 May 1955, his commander recommended the applicant for discharge under the provisions of AFR 39-17, paragraph 4, by reason of unfitness.  The Air Base Group Adjutant found the case to be legally sufficient and recommended approval.  The applicant acknowledged receipt of his commander’s recommendation, waived his rights to appear before a board, and requested discharge without benefit of board proceedings.  On 24 May 1955, his commander accepted the applicant’s request for discharge.  The applicant was discharged with an undesirable discharge effective 25 May 1955 under provisions of AFR 39-17.  He had served a total of 5 years, 9 months and 29 days on active duty and 2 years, 9 months and 29 days of his last enlistment.  Time lost was 409 days due to AWOL and confinement.  His final character and efficiency ratings were “poor” and “unsatisfactory,” respectively.

On 20 March 1981, the applicant appealed to the Air Force Discharge Review Board (AFDRB), requesting that his undesirable discharge be upgraded to honorable.  The AFDRB considered his request on 1 April 1982 and concluded his discharge should be upgraded to general (under honorable conditions).

His DD Form 214 reflects that the applicant was awarded the Korean Service Medal, the United Nations Service Medal, and the National Defense Service Medal.  

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends disapproval of the applicant’s requests for the Air Force Overseas (Long and Short) Tour Ribbons, Small Arms Expert Marksmanship Ribbon, Air Force Outstanding Unit Award, Army Commendation Medal, Combat Readiness Medal, Armed Forces Service Medal, and Army Service Ribbon.  DPPPR states that none of the units to which the applicant was assigned earned the Outstanding Unit Award while he was assigned to them.  The Air Force Overseas (Long and Short) Tour Ribbons were not established until 12 October 1980; therefore the applicant is not eligible for these ribbons.  The Combat Readiness Medal and Armed Forces Service Medal were also not established until well after the applicant was discharged on 25 May 1955.  The Air Force cannot verify the applicant’s eligibility for, or entitlement to the Army Service Ribbon or Army Commendation Medal, and they would not be included on his Air Force DD Form 214.  There is no award or decoration connected with serving in the Air Force Honor Guard.  

On 5 May 2003, AFPC/DPPPRA informed the applicant that they could not identify any additional awards or decorations to which he was entitled and asked him to provide a list with documents to substantiate each claim.  The applicant did not respond.

The DPPPR evaluation with attachments is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 3 July 2003 for review and response (Exhibit D).  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 an error or injustice warranting the award of the Air Force Overseas (Long and Short) Tour Ribbons, Small Arms Expert Marksmanship Ribbon, Air Force Outstanding Unit Award, Combat Readiness Medal, and Armed Forces Service Medal.  We took notice of the applicant's complete submission in judging the merits of this case; however, 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.

4.  In regards to the Army Commendation Medal and Army Service Ribbon, these awards would be awarded by the Army when he served with that branch of service.  These awards would not be listed on his separation document when he was discharged from the Air Force.

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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 27 August 2003, under the provisions of AFI 36‑2603:

	Vice Chair
	Member
	Member

The following documentary evidence for AFBCMR Docket Number BC-2003-01066 was considered:

	Exhibit A.  DD Form 149, dated 21 Mar 03, with attachments.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPPPR, dated 1 Jul 03.
	Exhibit D.  Letter, SAF/MRBR, dated 3 Jun 03.

						
									Vice Chair