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AF | BCMR | CY1999 | BC-1998-01076
Original file (BC-1998-01076.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-01076
            INDEX CODE:  100, 107

            COUNSEL:  GIL S. SOSA

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214 (Armed Forces of the United States Report of  Transfer
or Discharge) be corrected to reflect duty in Vietnam and to award him
the Vietnam Service Medal and Small Arms  Expert  Marksmanship  Ribbon
with 1 Bronze Service Star.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He is being denied certain rights in connection with the Agent  Orange
Registry and service-connected disabilities.

Applicant’s complete submissions are attached at Exhibit A and A1.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant served on active duty from 11 Sep 64 - 21 Sep  66.   His
DD Form 214 reflects award  of  the  National  Defense  Service  Medal
(NDSM).

Temporary duty (TDY) orders provided by the applicant reflect 20 days’
TDY, effective 12 Jun 66, from Clark AB, Philippines, to Tan Son  Nhut
AB, Vietnam.

On 21 Sep 66, the applicant was discharged from the Air Force  with  a
general, under honorable conditions, discharge in the grade of  airman
basic.  He was credited  with  two  years  and  nine  days  of  active
service.

The Air Force indicated that the applicant was assigned  to  the  6200
Organizational Maintenance Squadron in the Philippines and  this  unit
earned the Air Force Outstanding  Unit  Award  (AFOUA)  while  he  was
assigned to the unit.  Therefore, this award has been added to his  DD
Form 214.

_________________________________________________________________

AIR FORCE EVALUATION:

The  Recognition   Programs   Branch,   AFPC/DPPPRA,   reviewed   this
application and indicated that applicant was requested on 2 May 98  to
provide documentation to show he actually accomplished  the  TDY  trip
(on/about 12 Jun 66 for 20 days, from Clark AB to Tan Son Nhut AB) for
which he provided TDY orders; however, there was no  response.   Since
the applicant has no orders showing he was a regularly  assigned  crew
member, he would have to have been in Vietnam for 30 consecutive or 60
nonconsecutive days on TDY in order to be  eligible  for  the  Vietnam
Service Medal and he has provided  no  documentation  showing  he  was
actually TDY in  Vietnam  at  any  time.   TDY  orders  do  not  prove
anything.  Even if he had gone, 20 days is insufficient  to  make  him
eligible for the Vietnam Service Medal.  In  addition,  applicant  did
not furnish any documentation to verify his claim that he  earned  the
Small Arms Expert Marksmanship Ribbon  with  1  Bronze  Service  Star.
DPPPRA states that  the  Small  Arms  Expert  Marksmanship  Ribbon  is
awarded to Air Force personnel who qualify as Expert with  either  the
M16 rifle or issue handgun on the Air Force  qualification  course  or
the appropriate orientation course, or who satisfactorily complete the
Combat Rifle Program.  The bronze service star  is  awarded  only  for
those personnel who, after 22 Jun 72, meet  the  award  criteria  with
both the M16 rifle and issue handgun.  There is no indication  in  the
applicant’s records that he fired the M16 rifle or an  issue  handgun,
or that he qualified as Expert with either.   Other  than  the  AFOUA,
DPPPRA cannot verify the applicant’s eligibility  for  any  additional
unit or individual awards or decorations.  Therefore,  they  recommend
denial of his request to correct his DD Form 214 to  reflect  duty  in
Vietnam and to award him the Vietnam  Service  Medal  and  Small  Arms
Expert Marksmanship Ribbon with 1 Bronze Service Star.

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 stated that he located
his bunk mate in the Philippines and the  bunk  mate  has  provided  a
notarized statement that applicant did go to Vietnam.

Applicant’s  complete  response,  with  attachments,  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.    Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice.  Applicant’s contentions
are duly noted; however, we do not find these assertions  sufficiently
persuasive to override the rationale provided by the  Air  Force.   We
therefore agree with the recommendation of the Air Force and adopt the
rationale expressed as the basis for our decision that  the  applicant
has failed to sustain his burden that he has suffered either an  error
or an injustice.  In view of the above and absent persuasive  evidence
to the contrary, we find no compelling basis to recommend granting the
relief sought.

_________________________________________________________________

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  this  application  in
Executive Session on 17 August 1999, under the provisions of Air Force
Instruction 36-2603:

                  Ms. Charlene M. Bradley, Panel Chair
                  Mr. Mike Novel, Member
                  Mr. Philip Sheuerman, Member
                Mrs. Joyce Earley, Examiner (without vote)

The following documentary evidence was considered:

     Exhibit A.   DD Form 149, dated 15 Apr 98, w/atchs.
     Exhibit A1.  DD Form 149, dated 16 Apr 98, w/atchs.
     Exhibit B.   Applicant's Master Personnel Records.
     Exhibit C.   Letter, AFPC/DPPPRA, dated 4 Aug 98.
     Exhibit D.   Letter, AFBCMR, dated 16 Nov 98.
     Exhibit E.   Letter, Applicant, undated, w/atchs.




                                   CHARLENE M. BRADLEY
                                   Panel Chair

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