RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00485 COUNSEL: YES HEARING DESIRED: NO APPLICANT REQUESTS THAT: 1. His summary court-martial (SCM) and lost time be removed from his record. 2. He be awarded the Good Conduct Medal (GCM) (Administratively corrected), Presidential Unit Citation (PUC), and all decorations for being a Cold War veteran. APPLICANT CONTENDS THAT: It is time for a review board to correct an injustice administered to him when he was a 17 year old minor without proper representation or counsel. He was used as a scape goat for a minor infraction that should have never resulted in more than an Article 15. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 30 Nov 56. On 8 Dec 60, the applicant was furnished an honorable discharge, and was credited with 3 years, 11 months, and 20 days of active service, but charged with 30 days lost time. The applicant’s records do not contain any documents related to the contested SCM, so the circumstances surrounding his discharge could not be verified. The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility, which are attached at Exhibits C, D, and E. AIR FORCE EVALUATION: AFPC/DPSID recommends denial of the applicant’s requests for the PUC and any decorations related to being a Cold War veteran. The PUC is awarded in the name of the President of the United States to units of the Armed Forces of the United States and cobelligerent nations for extraordinary heroism in action against an armed enemy occurring on, or after, 16 Oct 41. However, there was no official documentation located in the applicant’s record verifying that he was assigned or attached to a unit that received the PUC while he was assigned. As for his request for recognition related to being a veteran of the Cold War, the Cold War Certificate recognizes members of the Armed Forces and civilian personnel of the United States Government who served in the United States during the Cold War. However, this certificate is not an official Air Force decoration or award. The endeavor is being conducted by the Department of the Army and the applicant may order his certificate online at https://www.hrc.army.mil/site/active/tagd/coldwar/default.htm. A review of the applicant’s records did reveal that he was entitled to the GCM and the Air Force Outstanding Unit Award (AFOUA) and his records will be corrected administratively. A complete copy of the AFPC/DPSID evaluation is at Exhibit C. AFPC/DPTOS recommends denial of reinstatement of lost time, indicating there is no evidence of an error or an injustice. Lost time for a court-martial conviction is considered not credible service. Only if the conviction was set aside and/or the member was found not guilty or acquitted can a request for reinstatement of lost time be approved. A complete copy of the AFPC/DPTOS evaluation is at Exhibit D. AFPC/JAJM recommends denial, indicating there is no evidence of an error or injustice with respect to the SCM proceedings. The applicant provided no substantiating documents or evidence supporting his request for removal of the SCM from his records. In BCMR matters, the burden of proof is on the applicant. In this case, nearly 57 years after the Nov 57 SCM, the applicant would like the results of the SCM overturned without any substantiated evidence. The Court, at the time of the SCM, was in the best position to ensure that the applicant understood his rights and was in the best position to hear the evidence and to make determinations of guilt or innocence based upon the facts presented at that time. A complete copy of the AFLOA/JAJM evaluation is at Exhibit E. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reiterates he should be entitled to the PUC and GCM. He further states that his discharge was unduly harsh and the result of a prank played on another airman (Exhibit F). 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 an error or injustice warranting corrective action by this Board. We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility (OPR) and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice with respect to his court-martial, lost time, or entitlement to the Presidential Unit Citation (PUC). We note the Air Force OPR has determined the applicant’s eligibility for the Good Conduct Medal (GCM) and Air Force Outstanding Unit Award (AFOUA) and has corrected his records administratively. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting relief beyond that rendered administratively. 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-2014-00485 in Executive Session on 11 Dec 14, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-00485 was considered: Exhibit A. DD Form 149, dated 1 Feb 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSID, dated 25 Mar 14. Exhibit D. Memorandum, AFPC/DPTOS, dated 25 Apr 14. Exhibit E. Memorandum, AFLOA/JAJM, dated 12 Jun 14. Exhibit F. Applicant’s Rebuttal, undated.