RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBERS: BC-2010-02477 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Report of Separation from Active Duty, be corrected to reflect award of: 1. Senior Maintenance Badge 2. Basic Air Traffic Control Badge 3. Air Force Overseas Ribbon - Short Tour with one or two Oak Leaf Clusters (AFOR-ST w/1-2 OLC) 4. Air Force Training Ribbon with three OLC (AFTR w/3OLC) 5. Air Force Outstanding Unit Award with “V” device and six Oak Leaf clusters (AFOUA w/V & 6OLC) (PARTIALLY CORRECTED) 6. Republic of Vietnam Gallantry Cross with Gold Star (RVNGC w/GS) (PARTIALLY CORRECTED) _________________________________________________________________ APPLICANT CONTENDS THAT: He believes he meets the criteria for the requested awards. In support of his appeal, the applicant provides a personal statement and a copy of a Request Pertaining to Military Records. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Regular Air Force, who served on active duty from 11 June 1970 to 13 September 1977 for a total of seven years, three months, and three days of active duty. The applicant was notified by an AFPC/DPSIDR (Air Force Recognition Programs) letter, dated 14 February 2011, that their office was able to verify his entitlement to a subsequent award of the RVNGC with Palm (w/P) beyond that already annotated on his DD Form 214, dated 13 September 1973. However, no devices other than the Palm device are authorized to wear on the RVNGC. DPSIDR also stated that based on his record, they were only able to verify the applicant’s entitlement for award of the AFOUA w/4OLC rather than 6OLC. They indicated his record will be updated accordingly. DPSIDR also notified the applicant that he is ineligible for award of the AFOR-ST as the AFOR was created in 1980; and, only Air Force personnel serving on active duty as of 6 January 1986 may have the AFOR applied retroactively for completed overseas tours (long or short). In addition, they indicated he is not entitled to the AFTR, as the AFTR was established in 1980 and was awarded retroactively to personnel who completed initial accession training on 15 August 1974 or later. The AFTR coincides with the closeout of the National Defense Service Medal (NDSM) awarded for Vietnam Era (14 August 1974) which had been awarded upon completion of initial accession training. Since the applicant’s DD Form 214 reflects he was awarded the NDSM he is not eligible for the AFTR. The remaining relevant evidence extracted from the applicant’s master personnel records is contained in the evaluations provided by the Air Force offices of primary responsibility at Exhibits B and C. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM (Special Programs Branch) recommends denial of the applicant’s request for the Basic Air Traffic Control and the Senior Maintenance Badges. DPSIM states the Air Traffic Control Occupational Badge is awarded to officer/enlisted personnel in the applicable Air Force Specialty Code (AFSC) who graduate from a formal Department of Defense (DoD)/Federal Aviation Administration (FAA) Air Training Command (ATC) course and possess a valid ATC certificate. In accordance with Air Force Instruction (AFI) 36-2903, paragraph 5.9.3, Air Traffic Controllers are not authorized to wear the basic badge until they are facility qualified. Upon review of the applicant’s case file, there is no evidence to support he was facility qualified. DPSIM states that in regard to the applicant’s request for the Senior Maintenance Badge, AFI 36-2903, paragraph 5.9.3 indicates that members can wear the senior badge after award of the 7-skill level. According to the applicant’s discharge document, he separated with only obtaining a 5-skill level in his maintenance AFSC. The complete DPSIM evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 1 April 2011 for review and comments within 30 days (Exhibit D). 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 an injustice in regard to the applicant’s request for award of the AFOR-ST w/1 or 2OLC, AFTR w/3OLC, Senior Maintenance Badge, Basic Air Traffic Control Badge, AFOUA w/6OLC, and the RVNGC w/GS. We note that the Air Force office of primary responsibility has indicated the applicant’s record will be administratively corrected to reflect the AFOUA w/4OLC and the RVNGC w/P. In that regard, we took notice of the applicant's complete submission in judging the merits of this request; 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 the applicant has not been the victim of an error or injustice in regard to the awards requested beyond those already a dministratively corrected. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting any relief beyond that granted administratively. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of 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-2010-02477 in Executive Session on 20 September 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2010-02477: Exhibit A. DD Form 149, dated 1 Jun 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIM, dated 1 Mar 11. Exhibit D. Letter, SAF/MRBR, dated 1 Apr 11.