RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01605
		INDEX CODE:  107.00

		COUNSEL:  NONE

		HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Air Force Good Conduct Medal (AFGCM) be reinstated and recorded on his DD Form 214.
_________________________________________________________________

APPLICANT CONTENDS THAT:

It was recently brought to his attention that his service in the Air Force Reserve (AFRES) could mitigate the consequences of his summary courts-martial while in the Regular Air Force.

In support of his appeal, the applicant has provided a personal statement, a copy of his DD Form 214, a copy of his AFRES discharge certificate and copies of other discharge related documents.

His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant contracted his enlistment in the Regular Air Force on 30 August 1960.  He attained the grade of Airman 2nd Class  (E-3) with a date of rank of 1 June 1963.  Applicant notes on a DD Form 398, Statement of Personal History (Security Questionnaire), dated 26 May 1976, that he was Court Martialed in 1962, while stationed at Lackland AFB, for borrowing another airman’s ID card.  His punishment is noted as being reduced one grade in rank and confined to the base for 30 days.  The AFGCM is awarded to those enlisted airmen who serve for 3 years on active duty with exemplary service and behavior.  Applicant’s commander denied him the AFGCM because of the Court Martial.  He was honorably discharged for Convenience of the Government, Early Release from Active Duty to Attended College, on 18 August 1964 after serving three years, eleven months and seventeen days.  His DD 214 reflected two days of lost time.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR reviewed this application and recommended denial.  DPPPR notified the applicant via letter dated 10 June 2003, of the criteria for the award of the AFGCM and informed the applicant that subsequent behavior in the AFRES had no bearing on his service while on active duty.  DPPPR notes that the applicant received a Summary Court-Martial in 1962 for borrowing another airman’s identification card.  DPPPR noted that as applicant’s service was not exemplary, he was not eligible for the AFGCM and he was asked to withdraw his application.  The applicant refused.  DPPPR adds, though admitting no bearing on the applicant’s request, that the applicant served honorably in the AFRES twice but on his third enlistment with US Army Reserve he received a General discharge for non-participation.  

DPPPR’s complete evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

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 comment within 30 days.  As of this date, no response has been received by this office.

_________________________________________________________________

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.  After a thorough review of the evidence of record and applicant's submission, we are not persuaded that his uncorroborated assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force.  The AFGCM is awarded to those enlisted personnel who, for three consecutive years, perform in an exemplary manner.  The applicant’s commander felt that the applicant, a recipient of an Article 15, did not perform in an exemplary fashion, and absent evidence to the contrary, we cannot find fault with the commander’s decision.  Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility 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 injustice.  Consequently, in the absence of persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

_________________________________________________________________

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.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2003-01605 in Executive Session on 19 August 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 May 03, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 1 Jul 03, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 3 Jul 03.

                                   Panel Chair