IRECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00770 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect his award of the Meritorious Service Medal with one Oak Leaf Cluster (MSM w/1OLC). _________________________________________________________________ APPLICANT CONTENDS THAT: His DD Form 214 only shows he was awarded the MSM basic, when actually he was awarded the MSM twice. In support of his appeal, the applicant provides copies of his MSM Award documents for the periods 20 August 1985 to 29 August 1988, and, 1 September 1991 to 14 November 1993. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 31 January 1994, the applicant was honorably released from active duty and retired effective 1 February 1994 in the grade of senior master sergeant (E-8). He served 21 years and 3 months on active duty. His DD Form 214 reflects he was only awarded the MSM basic. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial. DPSIDR states the applicant provides a copy of what appears to be an official signed certificate and a citation for award of the MSM w/1OLC for the inclusive period of 1 September 1991 to 14 November 1993. However, the source document for verifying award of a decoration is the Special Order. The applicant was contacted on 12 April 2011 for a copy of the Special Order; however, he was unable to provide it. The complete DPSIDR evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 29 April 2011, a copy of the Air Force evaluation was forwarded to the applicant 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. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. Although the applicant was unable to provide a copy of a special order awarding him the MSM w/1OLC, we believe the documentation he provided in the form of an MSM citation and certificate provides a reasonable basis to conclude he was awarded the MSM w/1OLC. While his award of the MSM w/1OLC cannot be verified with certainty from the available record of evidence, in the interest of equity and justice, we elect to resolve any doubt in favor of the applicant. Accordingly, we recommend his record be corrected as indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 30 January 1994, he was awarded the Meritorious Service Medal with one Oak Leaf Cluster, for meritorious service during the period 1 September 1991 to 14 November 1993. ________________________________________________________________ The following members of the Board considered Docket Number BC- 2011-00770 in Executive Session on 20 October 2011, under the provisions of AFI 36-2603: Panel Chair Member Member All members voted to correct the records, as recommended. The following documentary evidence for AFBCMR Docket Number BC-2011- 00770 was considered: Exhibit A. DD Form 149, 24 Feb 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 12 Apr 11. Exhibit D. Letter, SAF/MRBR, dated 29 Apr 11. Panel Chair