RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00527
		
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The Air Force Basic Transportation Badge be added to his military records.

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APPLICANT CONTENDS THAT:

The record of error was due to an oversight.  He met all qualifications and should be awarded this badge.

In support of his request, applicant provided his DD Form 214.  

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

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic on 21 January 1986.  He was discharged under the provisions of AFR 39-10 (Pattern of Misconduct, specifically, Conduct Prejudicial to Good Order and Discipline) from the Air Force on 26 December 1989 with a general (under honorable conditions) discharge.  He served 3 yearS, 11 months and 6 days of total active duty service.  

His medals, badges and ribbons when discharged, included the Air Force Training Ribbon, Air Force Achievement Medal, Air Force Good Conduct Medal, Air Force Overseas Long Tour Ribbon and the Small Arms Expert Marksmanship Ribbon.

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AIR FORCE EVALUATION:

AFPC/DPSFOC recommends denial and states after reviewing the member’s record and other historical data, they find the member’s DD Form 214 accurate.  The Transportation Badge was created after his discharge in 1994 and there were no provisions made to award this badge retroactively; therefore, the applicant is not entitled to any Air Force Occupational badges.   

AFPC/DPSFOC complete evaluation 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 2 April 2004, for review and comment within 30 days.  As of this date, no response has been received by this office.

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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 that would warrant the award of the Transportation Badge.  We took notice of the applicant's complete submission in judging the merits of the 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.  In this regard, it appears the Transportation Badge was created after the applicant’s discharge from the Air Force and there were no provisions made to award this badge retroactive. 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 AFBCMR Docket Number BC-2004-00527 in Executive Session on 3 June 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 13 Feb 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSFOC, dated 31 Mar 04.
    Exhibit D.  Letter, SAF/MRBR, dated 31 Mar 04.