RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01883
		INDEX CODE:  107.00

	XXXXXXX	COUNSEL:  NONE

		HEARING DESIRED: NO

MANDATORY CASE COMPLETION DATE:  18 DEC 2008

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APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, dated 30 Nov 79, be corrected to reflect award of the Meritorious Service Medal (MSM) First Oak Leaf Cluster (1OLC).

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APPLICANT CONTENDS THAT:

His original award of the MSM was due to a hurried discharge due to an age waiver.  The MSM 1OLC was omitted on his DD Form 214 because it arrived after his discharge.  Additionally, he noted that he never received his certificate for the award.

In support of his appeal, applicant submitted a copy of his age waiver approval, dated 6 Oct 77;  a copy of the citation for award of the MSM 1OLC; Certificate for MSM, dated 15 Oct 76, along with the citation for the award of the MSM, and the Special Order G-048, dated 14 Oct 76; letter of congratulation, dated 30 Nov 79, DD Forms 214, dated 30 Nov 79 and 22 Jul 45, and his promotion order to chief master sergeant, dated 1 Dec 68.

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

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STATEMENT OF FACTS:

Applicant was inducted in the US Army Air Force on 9 Jan 43.  He was progressively promoted to the rank of staff sergeant.  Applicant was honorably discharged on 22 Jul 45 under the provisions of AR 615-365, with a reason for separation of convenience of the government.  He was credited with 1 year, 9 months, and 27 days of continental service and 8 months and 10 days of foreign service.  On 5 May 49, applicant enlisted in the Air Force Reserve (USAFR).  He was recalled to extended active duty (EAD) on 29 Apr 51 and was honorably released from EAD on 1 Oct 51.  He was credited with 5 months and 3 days of active duty service.

On 10 Oct 52, applicant reenlisted in the USAFR and was recalled to EAD on 5 Nov 52 and served until he was honorably discharged on 18 Nov 53.  On 19 Nov 53, applicant enlisted in the Regular Air Force for a period of six years, in the grade of staff sergeant.  He was progressively promoted to the grade of chief master sergeant with a date of rank of 1 Dec 68.  On 1 Dec 79, applicant was honorably retired under the provision of AFR 35-7, with a reason for separation of voluntary retirement after 30 years service.  He was credited with 27 years and 26 days of active duty service during this period, with 2 years, 11 months, and 10 days of total prior active service.

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AIR FORCE EVALUATION:

HQ AFPC/DPPPR reviewed this application and recommended denial stating, in part, applicant was unable to provide the certificate and special order for the MSM 1OLC and the applicant indicated the special order was not provided when he received the decoration.

In accordance with AFI 36-2803, para 3.4., once an award has been approved, prepare a certificate, impress a seal on the citation and publish special orders.  The special order authenticates all decorations approved by the Department of the Air Force.  Without the special order they were unable to validate applicant’s eligibility for award of the MSM 1OLC.

HQ AFPC/DPPPR’s complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reiterated his original request and provided a detailed listing of his accomplishments during the period under review.

Applicant’s complete response, with attachments, 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.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  In this respect, we note that the applicant provided a copy of a sealed citation and indicated that he did not receive the certificate or special order.  Nonetheless, we believe, based on the applicant’s outstanding performance and contributions noted in his performance reports during the period of 9 Sep 76 to 30 Nov 79, that any doubt should be resolved in the applicant’s behalf.  Therefore, and in recognition of his over 30 years of honorable service, we recommend the applicant’s 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 his DD Form 214, Certificate of Release or Discharge from Active Duty, issued on 30 November 1979, be amended in Section 13, Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized to reflect award of the Meritorious Service Medal, First Oak Leaf Cluster.

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The following members of the Board considered AFBCMR Docket Number BC-2007-01883 in Executive Session on 18 September 2007, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 10 Jun 07, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPPR, dated 23 Jul 07.
     Exhibit D.  Letter, SAF/MRBR, dated 27 Jul 07.
     Exhibit E.  Letter, Applicant, undated, w/atchs.