RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-01857
		INDEX CODE:  107.00
	 	COUNSEL:  NONE
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: Dec 15, 2008

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APPLICANT REQUESTS THAT:

His records be corrected to show he was awarded the Army Good Conduct Medal with three Loops, the Presidential Unit Citation, Korean Service Medal, and the Korean Defense Service Medal.

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APPLICANT CONTENDS THAT:

The award and decorations will correct his records.

In support of his request, the applicant provided an edited copy of his NA Form 13059, Transmittal of and/or Entitlement to Awards, from the National Archives and Records Administration.

The applicant's complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant’s official military records were destroyed in a fire at the National Personnel Records Center in 1973.  

The applicant was discharged with a general discharge for unfitness on 2 Nov 62, under the provisions of AFR 39-17.

On 26 Oct 67 and 8 May 75, the Air Force Discharge Review Board reviewed the applicant’s request for an upgrade of his discharge and to change his reenlistment eligibility code.  The Board determined the discharge was equitable and proper and denied both requests.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial of the applicant’s request.  DPPPR states that on 6 Jul 07, the Directorate of Assignments requested the applicant provide documentation from his personnel files to substantiate his case.  Additionally, the Directorate could not make an evaluation of his foreign service or any other assignment because of insufficient documents in the records.  The applicant did not respond. 

On 19 Jul 07, a second request for documents was sent to the applicant.  The applicant responded by stating he “did not have a copy of his DD Form 214…you, the Air Force have responsibility to maintain these records….”

The AFPC/DPPPR complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant provided a handwritten chronology of his time spent in the military without official documents.

The applicant's complete response is at Exhibit E.

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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 its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  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 Docket Number BC-2007-01857 in Executive Session on 4 October 2007, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, w/atch, dated 3 Jun 07.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPPR, dated 16 Aug 07.
    Exhibit D.  Letter, SAF/MRBR, dated 31 Aug 07.
    Exhibit E.  Applicant’s Rebuttal, dated 6 Sep 07.