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AF | BCMR | CY1999 | 9803540
Original file (9803540.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 98-03540
                       INDEX CODE 107.00
                       COUNSEL:  None

                       HEARING DESIRED:  No
_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214 reflect receipt of  the  Air  Force  Outstanding  Unit
Award with “V” (AFOUA/V) Device [administratively granted - see below]
and the Armed Forces Expeditionary Medal (AFEM).
_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons applicant believes he has been  the  victim  of  an  error
and/or  an  injustice  are  contained  in  his  complete   submission,
including his 11 February 1999 letter and attachments,  which  are  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered active duty on 18 May 1970. During the period in
question, he was a Morse  Systems  Operator  assigned  to  the  6994th
Security Squadron in Thailand, with  additional  duty  as  Awards  and
Decorations Monitor. He was released from active duty on  15  February
1974 in the grade of sergeant with 3 years, 8 months and  28  days  of
active service and transferred to the Air Force Reserve.

By letter dated 14 January 1999, HQ AFPC/DPPPR advised  the  applicant
that he was entitled to the  AFOUA/V,  as  well  as  the  Republic  of
Vietnam  Gallantry  Cross  with  Palm.  His  DD  Form  214  has   been
administratively corrected to reflect this.
_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Recognition Programs Branch, HQ  AFPC/DPPPR,  advised  that
there is no way to  ascertain  the  mission  of  any  of  the  flights
recorded, what operation they supported, or the airspace in which they
flew. The Historical Section of  the  Air  Intelligence  Agency  (AIA)
would only be able to confirm that some of the missions of the  6999th
were flown over Cambodia; they would not be able to confirm  that  any
specific  individual  flew  combat  missions  over  Cambodia.  Without
documentation proving the applicant met the basic criteria, it  cannot
be verified that he is eligible for the AFEM. Denial is recommended.

A copy of the complete Air Force evaluation, with attachments,  is  at
Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory and indicated  he  understood  the
regulation concerning award of the AFEM to require only that personnel
be attached or assigned to a unit involved in the particular operation-
--in this case, the Cambodian bombing campaign of 29  March-15  August
1973. The 6994th was a  direct  support  unit  stationed  in  Thailand
during the pertinent period. He thought the  AFEM  was  a  unit  award
rather than an individual award.

Applicant’s complete response is at Exhibit E.

On 28 May  1999,  the  AFBCMR  Staff  advised  the  applicant  of  the
administrative correction  regarding  the  AFOUA/V.   In  response  to
questions raised in the applicant’s 14 April  1999  rebuttal,  he  was
also informed that any research would have to be conducted by him  and
that he could either ask for an extension or request that his case  be
temporarily withdrawn until he was ready to proceed.

Applicant responded with a 21 June 1999 request (Exhibit G) for a  60-
day extension, which was granted by the AFBCMR Staff  on  9 July  1999
(Exhibit H).   However,  to  date  no  additional  response  has  been
received by this office.
_________________________________________________________________

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 probable error or injustice. The applicant’s  request
for the AFOUA/V has been administratively granted; therefore, the only
issue remaining for this Board’s consideration pertains to  the  AFEM.
After a thorough review of the  evidence  of  record  and  applicant’s
submission, we are not persuaded that he should be awarded  the  AFEM.
In this regard, the applicant has  not  provided  persuasive  evidence
that he meets the individual or unit  eligibility  criteria  for  this
medal.  Although advised that the burden of proof  rests  on  him  and
afforded ample opportunity to provide  additional  documentation,  the
applicant has not met his burden of having suffered either an

error  or  injustice  warranting  relief.   Therefore,  based  on  the
available evidence, we find  no  compelling  basis  for  granting  the
applicant’s request for the AFEM.

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  this  application  in
Executive Session on 26 October 1999, under the provisions of AFI  36-
2603:

                  Mr. Thomas S. Markiewicz, Panel Chair
                  Mr. Joseph A. Roj, Member
                  Ms. Dorothy P. Loeb, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 18 Dec 98, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, dated 19 Feb 99.
   Exhibit D.  Letter, AFBCMR, dated 22 Mar 99.
   Exhibit E.  Letters, Applicant, dated 22 Mar & 14 Apr 99,
                   w/atch.
   Exhibit F.  Letter, AFBCMR, dated 28 Mar 99.
   Exhibit G.  Letter, Applicant, dated 21 Jun 99.
   Exhibit H.  Letter, AFBCMR, dated 9 Jul 99.





                                   THOMAS S. MARKIEWICZ
                                   Panel Chair

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