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AF | BCMR | CY1999 | 9800805
Original file (9800805.doc) Auto-classification: Approved



                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-00805
            INDEX CODE:  107

            COUNSEL:  None

            HEARING DESIRED:  Yes


_________________________________________________________________

APPLICANT REQUESTS THAT:

Correction of his DD Form 214  (Armed  Forces  of  the  United  States
Report of Transfer or Discharge) to reflect award  of  the  Air  Force
Commendation Medal (AFCM), with the correct dates (30 Aug - 2 Sep 66),
and a review of his records to determine his eligibility for the Armed
Forces Expeditionary Medal (AFEM).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He received the AFCM approximately one month after he  was  discharged
from the Air Force.  He assumed the medal was placed in his  permanent
records but it was not.  He  received  the  paperwork  but  never  the
medal.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 14 Jan  63  in  the
grade of airman basic (E-1) for a period of four years.  He served  in
Vietnam from 17 Apr 65 to on or about 3 Oct 66.  He  was  awarded  the
National Defense Service Medal (NDSM) and the Vietnam Service Medal.

On 5 Oct 66, the applicant was released from  active  duty  under  the
provisions of AFM  39-10  (Convenience  of  the  Government)  with  an
honorable characterization of service in the grade  of  airman  second
class (E-3).  He was credited with 3 years, 8 months, and 22  days  of
active service.

On 11 Jun 98, the Retirement & Separations Office Section, AFPC/DPPRR,
informed  the  applicant  that  he  was  entitled  to  the  Air  Force
Outstanding Unit Award (AFOUA) with V and Republic of Vietnam Campaign
Medal and he was issued a DD Form 215  (Correction  to  DD  Form  214,
Certificate of Release or Discharge From Active Duty) as  evidence  of
the correction.

On 13 Apr 98, the applicant was requested to provide  a  copy  of  the
orders awarding him the AFCM in question.  He responded indicating  he
did not have a copy of the orders.  Headquarters  Pacific  Air  Forces
(PACAF) was contacted and requested to search their staged files for a
copy of the orders; however, none were found.

_________________________________________________________________

AIR FORCE EVALUATION:

The  Recognition   Programs   Branch,   AFPC/DPPPRA,   reviewed   this
application and indicated that individuals who  received  the  Vietnam
Service Medal are not eligible for the AFEM for  service  in  Vietnam.
Without a copy of orders, applicant’s eligibility for  or  entitlement
to the AFCM cannot be verified.  There is no indication in his records
to show that he was recommended for or awarded this  decoration.   The
copy of the certificate he provided reflects the dates as 30 Sep 66 to
2 Sep 66, which is not possible.   DPPPRA  recommends  disapproval  of
applicant’s requests.

A complete copy of the Air Force evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the Air Force evaluation  and  indicated  that  the
dates on the AFCM certificate are what he is  trying  to  correct  and
have permanently recorded on his DD Form 214.   He  states  the  dates
should read 30 Aug - 2 Sep 66.  If you were in the  service  prior  to
May 66, you were entitled to receive the AFEM which is a higher  medal
than the Vietnam Medal.

Applicant’s complete response is attached at Exhibit E.

_________________________________________________________________

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 probable error or injustice.  After a thorough review
of the applicant’s submission, the Board  was  sufficiently  persuaded
that his DD Form 214 should be corrected to reflect award of the  AFCM
with the correct dates.  In this respect, while he failed to provide a
copy of the orders awarding him the  AFCM  as  indicated  by  the  Air
Force, we note that he did provide a copy of the citation to accompany
the award of the AFCM (with the correct  dates)  and  a  copy  of  the
certificate.  We, therefore, conclude that the AFCM  dates  should  be
changed as indicated below.

4.    Regarding the applicant’s request for award of the AFEM, the Air
Force indicated that he received the Vietnam Service  Medal  and  that
individuals who receive the Vietnam Service Medal are not eligible for
the AFEM for  service  in  Vietnam.   Therefore,  in  the  absence  of
evidence to the contrary, we recommend disapproval of his  request  to
be awarded the AFEM.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that he  was  awarded  the
AFCM for the period 30 Aug 66 to 2 Sep 66 rather  than  30 Sep  66  to
2 Sep 66 and his discharge documents  be  appropriately  annotated  to
reflect this award.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 4 March 1999, under the  provisions  of  AFI  36-
2603:

                  Mr. Douglas J. Heady, Panel Chair
                  Ms. Peggy E. Gordon, Member
              Mr. Joseph A. Roj, Member
              Mrs. Joyce Earley, Examiner (without vote)

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 3 Mar 98, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPRA, dated 27 May 98.
     Exhibit D.  Letter, AFBCMR, dated 29 Jun 98.
     Exhibit E.  Letter fr applicant, dated 15 Jul 98.




                                   DOUGLAS J. HEADY
                                   Panel Chair

INDEX CODE:  107

AFBCMR 98-00805




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the  recommendation  of  the  Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat  116),  it  is
directed that:

      The pertinent military records of  the  Department  of  the  Air
Force relating to APPLICANT be corrected to show that he  was  awarded
the Air Force Commendation Medal (AFCM) for the period 30 August  1966
to 2 September 1966 rather than 30 September 1966 to 2 September  1966
and his discharge documents be appropriately annotated to reflect this
award.







                                                            JOE     G.
LINEBERGER
                                                         Director
                                                           Air   Force
Review Boards Agency

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