RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03006 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: He be entitled to the Berlin Airlift Device (BAD) (Administratively Corrected) and the Legion of Merit, with 2 Oak Leaf Clusters (LOM, w/2OLCs) (LOM, Administratively Corrected). ________________________________________________________________ THE APPLICANT CONTENDS THAT: His service during the Berlin Airlift on 11 Feb 48 and 12 Mar 49 can be verified in his records. In addition, he should be awarded the LOM, w/2OLCs for his service at Laughlin AFB, TX, Offutt AFB, NE, and March AFB, CA. In support of his appeal, the applicant provides a copy of his National Archives (NA) Form 13059, Transmittal of and/or Entitlement to Awards and a chronological listing of service. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force. The applicant’s record will be administratively corrected to reflect his entitlement to the LOM and the BAD on his Army of Occupation Medal (AOCM). ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial of the applicant’s request for the LOM, w/2OLCs. While they were able to locate the special order awarding the applicant the LOM, they were not able to locate a special order or recommendation verifying his entitlement to the first and second OLCs. The complete AFPC/DPSIDR evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: The applicant notes that he was awarded the LOM, with his first oak leaf cluster, for his service at March AFB, CA, from Jun 68 to Jul 71, and the LOM with the second oak leaf cluster, for his service at March AFB, CA from Aug 71 to Feb 74. The applicant’s complete response is at Exhibit E. ________________________________________________________________ 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 relief beyond that already granted administratively is not warranted. In addition, while we note the applicant indicates that he was awarded the LOM, with the first and second oak leaf clusters for his service at March AFB, CA, we found no evidence that the applicant was ever awarded these medals. Should the applicant provide sufficient evidence to substantiate his claim, we would be inclined to reconsider his request. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-03006 in Executive Session on 28 April 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 9 Aug 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 6 Oct 10. Exhibit D. Letter, SAF/MRBR, dated 22 Oct 10. Exhibit E. Letter, Applicant, dated 3 Nov 10.