RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01455
		INDEX CODE:  107.00
		COUNSEL:  NO

		HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  11 OCTOBER 2008

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APPLICANT REQUESTS THAT:

The following corrections be made to his DD 214:

1)  His rank be corrected to Sergeant (E-4);

2)  He be awarded the Air Force Commendation Medal, the Combat Readiness Medal (CRM), the Utah Air National Guard Achievement Medal, the Air Force Good Conduct Medal (AFGCM), the Vietnam Service Medal (VSM), the Presidential Unit Citation (PUC), the Air Force Meritorious Unit Award (AFMUA), the Air Force Outstanding Unit Award (AFOUA), the Air Force Organizational Excellence Award (AFOEA), the Air Force Recognition Ribbon (AFRR), the Air Force Overseas Short Tour Ribbon (AFOSR-S), the USAF Basic Military Training Honor Graduate Ribbon (BMTHGR), the Small Arms Expert Marksmanship Ribbon w/3 Bronze Service Stars (SAEMR w/3BSS), the Air Force Training Ribbon (AFTR), the Philippines Presidential Unit Citation (PPUC), and the Republic of Vietnam Gallantry Cross w/Palm Unit Citation (RVNGC w/P).

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APPLICANT CONTENDS THAT:

His DD 214 does not reflect all of his medals, awards and decorations that he is entitled, and his rank is incorrect.

In support of his application, the applicant submits copies of his DD 214s, a copy of a Permanent Change of Station (PCS) order, a copy of a request for statement of service – DD Form 13, a copy of his DD 13, a copy of his general military training record, a copy of his college transcript, and a copy of his report of separation and record of service in the Air National Guard of Utah.

The 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 15 May 74 in the grade of airman (E-2) for a period of six years.  Upon completion of basic military training (BMT) and technical school, he was assigned duties as a law enforcement specialist.  He was progressively promoted to the grade of sergeant (E-4); however, on 16 Mar 76, he was notified that his promotion to E-4 was being withheld due to his pending separation from service.  

On 23 Mar 76, the applicant was notified by his commander of his intent to recommend that he be discharged from the Air Force under the provisions of AFR 39-10, chapter 3, paragraph 3-8L.  The specific reason for this action was inadequate personality disorder with an adjustment reaction of adult life, manifested by inability to adapt to duty station, suicidal ideation and suicidal gesture, profession and social inadaptability social instability, lack of emotional stamina, and poor and impulsive judgment.  He acknowledged receipt of notification and did not request retention in the Air Force.  He then waived his right to military counsel and to submit a statement on his own behalf.  On 26 Mar 76, the discharge authority approved the recommendation for discharge and directed he be given an Honorable Discharge Certificate.  The applicant was discharged on 5 Apr 76.  He was served 3 years and 22 days on active duty service. 

On 18 Jun 07, HQ AFPC/DPPRA notified the applicant that they were able to verify his entitlement to the AFGCM; however, they were unable to locate recommendations and/or special orders awarding him the AFCM, CRM, AFRR, BMTHGR, the 3/BSS to the SAEMR, and the AFTR.  DPPRA also verified that the units he was assigned had not been awarded the PUC, MUA, AFOEA, PPUC, and the RVNGCw/P.
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AIR FORCE EVALUATION:

HQ AFPC/DPPPWB recommends denial of the applicant's request for promotion.  DPPPWB states the applicant's request may be dismissed under laches.  DPPPWB notes the applicant was promoted to the grade of Airman First Class (A1C) on 5 Jun 74.  According to the letter from the patient squadron section commander, the applicant's promotion was placed in withhold due to action being initiated to separate him from the service.  DPPPWB declares the applicant was never recommended for promotion to E-4 by the promotion authority prior to his discharge.

The complete DPPWB evaluation 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 Jul 07 for review and comment within 30 days.  As of this date, this office has received no response (Exhibit D). 
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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 note the reasons for withholding the applicant's promotion to the grade of sergeant are well documented in the record and no evidence has been presented that would lead us to believe this action was improper or contrary to the provisions of the governing directive.  Thus, we find no basis on which to grant his request for promotion to the grade of E-4.  With the exception of the AFGCM verified by HQ AFPC/DPPRA, no documentary evidence has been presented that would establish the applicant's entitlement to the remaining requested awards listed above; therefore, we find no compelling basis to recommend granting the relief sought in this application.

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The following members of the Board considered AFBCMR BC-2007-01455 in Executive Session on 29 August 2007, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 27 Apr 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPPWB, dated 22 May 07.
    Exhibit D.  Letter, SAF/MRBR, dated 3 Jul 07.