RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-03462 INDEX CODE 107.00 COUNSEL: None HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214 be corrected to reflect the Humanitarian Service Medal (HSM) and the Air Medal with 23 Oak Leaf Clusters. _________________________________________________________________ APPLICANT CONTENDS THAT: His DD Form 214 was not up to date when he retired from the Air Force. In support of his application, the applicant provides a personal letter and a copy of Special Order SO-16. Applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant retired from the Air Force in the grade of master sergeant on 31 May 1978 after serving 26 years, 1 month and 27 days of total active service. On 12 October 2006, AFPC/DPPPRA corrected the applicant's records to reflect award of the Distinguished Flying Cross, First Oak Leaf Cluster, the Bronze Star, the Air Medal, Air Force Commendation Medal, First Oak Leaf Cluster, Air Good Conduct Medal, the Air Force Longevity Service Medal, Fifth Oak Leaf Cluster, Vietnam Service Medal, and Republic of Vietnam Campaign Medal. On 22 October 2008, AFPC/DPSIDRA corrected the applicant's DD Form 214 to read Air Medal with 23 Oak Leaf Clusters, the award of the Presidential Unit Citation, Air Force Outstanding Unit Award with Valor, with first Bronze Oak Leaf Cluster, and the Republic of Vietnam Gallantry Cross with Palm. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPPR recommends denial and states after a complete review of the applicant's official military record and the provided documentation, they were unable to verify his entitlement to the HSM. There is no documentation in his military personnel record stating his involvement in both the Operation Frequent Wind and Operation Eagle Pull campaigns. AFPC/DPPPR's complete evaluation, with attachments, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A complete copy of the Air Force evaluation was forwarded to the applicant on 7 November 2008 for review and comment within 30 days. As of this date, this office has received no response. _________________________________________________________________ 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 with regard to establishing his eligibility for award of the HSM. We note the administrative corrections already made to the applicant’s records, but after a thorough review of the available evidence and applicant’s submission, we are not persuaded that his remaining request for award of the HSM should be granted. His contentions are duly noted; however, he has not provided persuasive evidence to warrant further relief. We therefore agree with the recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our decision that the applicant has failed to sustain his burden of having suffered either an error or an injustice. Absent persuasive evidence to the contrary, we find no compelling basis to recommend granting the applicant’s request for award of the HSM. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of probable 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. _________________________________________________________________ The following members of the Board considered Docket Number BC- 2008-03462 in Executive Session on 9 December 2008, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 11 Sep 08, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPPPR, dated 29 Oct 08, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 7 Nov 08.