RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2003-02109

	 	COUNSEL:  NONE

	 	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with his 1 December 1994 release from active duty, be amended to include the Air Force Good Conduct Medal (AFGCM).

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THE APPLICANT CONTENDS THAT:

He served over three years of active service without any discrepancies.  Since the AFGCM is awarded for the completion of three years of active service, he should be awarded the AFGCM.  He is currently serving on active duty in the Navy.

In support of the appeal, the applicant submits a copy of his DD Form 214.

Applicant’s complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant served on active duty from 27 August 1991 until his release from active duty on 1 December 1994, and transfer to the Air Force Reserve.  He completed 3 years, 3 months, and 5 days of active service that was characterized as honorable.  He was awarded the Air Force Commendation Medal (AFCM), Air Force Training Ribbon, National Defense Service Medal, and Air Force Overseas Long Tour Ribbon.  His performance reports reflect ratings of 5, 4, and 3.

The personnel system automatically updates the award of the AFGCM based on a three-year period of continuous honorable service from a member’s AFGCM start date, unless the commander submits a letter recommending denial of the AFGCM.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied and states, in part, that the AFGCM is awarded for three years of exemplary behavior and performance of duty.  The applicant did not provide any documentation to support his claim.  Furthermore, there is no indication in his records that his commander recommended him for award of the AFGCM and there is no letter of denial in his records.  His performance reports are all marked down on the front and his overall ratings are progressively lower.  The AFGCM is awarded for overall behavior and performance of duty.  His duty performance was obviously not the best, as he was not recommended for promotion on any of his performance reports.

The AFPC/DPPPR evaluation, with attachments, 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 3 October 2003 for review and response within 30 days.  However, 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.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  A majority of the Board finds that in the absence of evidence to indicate the commander denied the applicant award of the AFGCM his records should be corrected to reflect that he was awarded the AFGCM.  In this respect, a majority of the Board notes that while his duty performance was not the best, he did complete an overseas long tour, was honorably discharged, and awarded the AFCM.  In view of this, and since there is no evidence of any misconduct or disciplinary action being taken against him, a majority of the Board recommends his records be corrected to the extent indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that he was awarded the Air Force Good Conduct Medal for the period 27 August 1991 through 26 August 1994.

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The following members of the Board considered Docket Number BC-2003-02109 in Executive Session on 5 November 2003, under the provisions of AFI 36-2603:

By majority vote, the Board voted to correct the records, as recommended.  XXXXXX voted to deny the application and has submitted a Minority Report, which is attached at Exhibit E.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 16 Jun 03, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 24 Sep 03, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 3 Oct 03.
    Exhibit E.  Minority Report.

AFBCMR BC-2003-02109

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that he was awarded the Air Force Good Conduct Medal for the period 27 August 1991 through 26 August 1994, .

                                                                           

MEMORANDUM FOR THE	EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR 
			CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  APPLICANT, DOCKET NO: BC-2003-02109

	The majority of the Board recommends favorable consideration of the applicant’s request to be awarded the Air Force Good Conduct Medal (AFGCM) because there is no evidence the commander took action to deny him the award.  I respectfully disagree.

	The AFGCM is awarded to enlisted personnel for exemplary conduct while in the active military service.  Each month an AFGCM Selection Listing is furnished to each member’s unit commander reflecting those individuals awarded the AFGCM for the current month.  The Military Personnel Data System is programmed to automatically update the award based on three years from the AFGCM start date.  If, on reviewing the AFGCM Selection Listing, the commander determines an individual is not eligible for the award, a letter of denial is provided.  

	The majority of the Board finds the absence of an AFGCM denial letter sufficient to warrant corrective action.  However, I find the contrary is true since there had to be some action taken by the commander to deny him the award or it would have been automatically updated in his records.  Furthermore, although there is no evidence of disciplinary action being taken against the applicant during the contested period, in determining whether to award the AFGCM, commanders are instructed to avoid awarding the AFGCM solely on the basis of minimally acceptable performance and merely staying out of trouble.  As evidenced by his performance reports, his performance was not exemplary.  Furthermore, based upon the presumption of regularity in the conduct of governmental affairs and without evidence to the contrary, I must assume that since the AFGCM is not reflected in his records, the commander took action to deny him the award.

	In view of the above, I find that the applicant has not satisfied his burden to show there has been an error or injustice.  Based on the totality of the evidence presented and the service record of this veteran, I recommend the requested relief be denied.