RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02026
		INDEX CODE:  107.00

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be changed to reflect the award of the Presidential Unit Citation (PUC), he be identified as an Instructor, and his rank at discharge reflect Airman First Class (A1C - E4).

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APPLICANT CONTENDS THAT:

He served with the 821st Operations Squadron that was awarded the PUC.  On 13 August 1962, he received orders designating him as an instructor in the Gunnery Trainer Section and from June 1963 to June 1964, he was a Defense Systems Instructor.  He states on 7 June 1963, he received an unfair reduction in rank due to disorderly conduct on post.  He feels the omission of the PUC, his two posts as an instructor, and his demotion are injustices that need to be corrected.  He is 67 years old and considers this a matter of family pride.  He feels what he is asking for is purely an administrative/clerical change and involves no monetary benefit.  He notes his subsequent 30-year career as an educator and believes he is a patriot.

In support of his appeal, the applicant has provided copies of his DD Form 214, special orders indicating assignments, a promotion order, an order extending his enlistment to allow his attendance at a service school, and his honorable discharge certificate.

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

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 28 January 1960.  He attained the grade of A1C, effective and with a date of rank of 1 October 1962.  On 6 June 1963, his commander recommended he be demoted to the grade of airman second class (A2C/E3) due to him being drunk and disorderly on station.  On 7 June 1963, he was demoted to A2C in lieu of trial by court-martial.  He was honorably discharged effective 27 July 1964 for Expiration of Term of Service, after serving for four years and six months.  At the time of discharge, he was serving as an A2C with a date of rank of 7 June 1963.

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AIR FORCE EVALUATION:

AFPC/DPF recommends denial of relief regarding applicant’s request to have the Instructor Badge added to his DD Form 214.  DPF references Air Force Instruction 36-2923, Aeronautical, Duty and Occupational Badges, wherein it is stated that the particular badge the applicant requests was not approved for Air Force personnel until 1967 and was not retroactive for personnel previously identified as instructors prior to 1967.  As he was discharged in 1964, approximately three years prior to 1967, he is not authorized to wear the badge.

DPF’s complete evaluation is at Exhibit C.

AFPC/DPPPRA was unable to verify the 821st’s Operations Squadron being awarded the PUC while he was assigned to that unit and is therefore unable to recommend the award of the PUC to the applicant.

DPPPRA’s complete evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 10 September 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.  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.  There was no evidence presented to substantiate his claim that his unit was awarded the Presidential Unit Citation award and he was not authorized to wear the Instructor Badge, as it was not approved for Air Force personnel until 1967.  Research did yield he was eligible for the Good Conduct Medal (GCM) and his record has been corrected to reflect such.  His demotion appears to have taken place as a result of a reprimand he received for being drunk and disorderly on station.  He has not shown that the reprimand or the demotion was either an injustice or an error.  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-2004-02026 in Executive Session on 13 October 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Jun 04, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPF, dated 9 Aug 04.
    Exhibit D.  Letter, AFPC/DPPPRA, dated 26 Aug 04.
    Exhibit E.  Letter, SAF/MRBR, dated 10 Sep 04.