RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02573 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Air Force Good Conduct Medal (AFGCM). ________________________________________________________________ THE APPLICANT CONTENDS THAT: He should be issued the AFGCM for his honorable service during his final years of active duty. He was overlooked because it was not generally known that it was available for award and issue. He was awarded the Good Conduct Medal (GCM) and the bar attesting to subsequent awards. He does not believe the failure to issue the AFGCM was based on any intent to degrade his service. In fact, he was awarded the Air Force Commendation Medal (AFCM) during the same period. In support of his appeal, the applicant provides a personal statement and copies of extracts from his enlisted performance record and accomplishments. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: According to Special Order (SO) M-2, dated 8 Feb 62, the applicant was awarded the Good Conduct Medal, with Five Bronze Loops (GCM, w/5 BLPS) for the period 24 Jan 56 – 23 Jan 62. On 31 Dec 64, the applicant was relieved from active duty and retired effective 1 Jan 65 in the grade of master sergeant. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends denial. DPSID states the applicant's 2 years, 11 months, and 7 days of active duty service from the end date of his last award of the GCM renders him ineligible for award of the AFGCM as the 3 year criteria was not met. The applicant was appropriately recognized with the GCM, w/5 BLPS for his continuous active duty service from 24 Jan 53 to 31 Dec 64. To grant relief would be contrary to the eligibility criteria established by the Secretary of the Air Force. The AFGCM was authorized by the Secretary of the Air Force on 1 Jun 63. The medal is awarded to enlisted personnel during a three-year period of active military service or for a one-year period of service during a time of war. Airmen awarded this medal must have had character and efficiency ratings of excellent or higher throughout the qualifying period. In accordance with Executive Order 8809, amended by Executive Order 9323, the AFGMC may also be awarded to service members who complete more than one year but less than three years of active Federal military service if the AFGCM has not been previously awarded. The applicant's DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, with effective date 13 Jul 64, which reflects award of the GCM, w/5 BLPS for his service for the period 24 Jan 59 to 23 Jan 62 is correct. The period of service in question is from 24 Jan 62 to 31 Dec 64, which is 23 days short of 3 years. DPSID was unable to verify that the applicant was eligible for the AFGCM for this period of service. The complete DPSID evaluation is at Exhibit C. ________________________________________________________________ APPLICANT’S REVIEW OF AIR FORCE EVALUATION: He notes that DPSID quoted Executive Order 8809, amended by Executive Order 9323 that states the AFGCM may also be awarded to service members who complete more than one year but less than three years of active federal military service if the Air Force Good Conduct Medal has not been previously awarded." He believes that the Executive Order was issued for situations such as his where he was only 23 days short of the normal authorization period. He was not aware of the authorization of the AFGCM so he was not in a position to adjust his retirement date. Otherwise he would have delayed his retirement date 23 days. In support of his appeal, the applicant provides copies of the citation for award of the AFCM; letter of appreciation and various other supporting documents. ________________________________________________________________ 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 that the applicant believes that Executive Order 9323 was issued for situations such as his since he was only 23 days short of 3 years. However, after carefully reviewing the available evidence, we do not find his assertions sufficiently persuasive to override the rationale provided by the Air Force Office of Primary Responsibility (OPR). Therefore, we agree with the opinion and recommendation of the Air Force OPR and adopt the rationale expressed as the basis for our conclusion that the applicant has failed to sustain his burden of proof that he has been the victim of an error or injustice. In view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting further relief 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-2013-02573 in Executive Session on 13 Mar 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 22 May 13, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 16 Sep 13. Exhibit D. Letter, SAF/MRBR, dated 29 Oct 13. Exhibit E. Letter, Applicant, dated 7 Nov 13, w/atchs. Panel Chair 1