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AF | BCMR | CY2001 | 0100254
Original file (0100254.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-00254
            INDEX CODE: 107.00

      APPLICANT  COUNSEL:  None

      SSN   HEARING DESIRED: No

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the  Purple  Heart  (PH),  Air  Force  Overseas  Ribbon,
Presidential Unit Citation (PUC), and Air Force Outstanding Unit Award
(AFOUA).  By amendment the applicant requests award of the  Air  Force
Outstanding Unit Award (AFOUA) with "V" device and one bronze oak leaf
cluster, and the Republic of Vietnam Gallantry Cross with Palm.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the  records  to  be  in  error  or
unjust and the evidence submitted in support  of  the  appeal  are  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from  the
applicant's military records, are contained in the letter prepared  by
the appropriate office of the Air Force.   Accordingly,  there  is  no
need to recite these facts in this Record of Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Recognition  Programs  Branch,  Promotion,  Evaluation  and
Recognition Division, AFPC/DPPPR, reviewed the application and  states
for a service member to be awarded the PH he must have been wounded as
a direct result of enemy action.  There is no medical evidence in  the
applicant's records to support his claim to receive the PH.

The Air Force Overseas Ribbon was authorized by  the  Chief  of  Staff
effective 12 Oct  80;  the  applicant  separated  on  24  May  74  and
therefore is not eligible to receive this ribbon.

DPPPR, upon reviewing the applicant's official records, was unable  to
determine  the  applicant's  entitlement  to  the  Presidential   Unit
Citation.

The applicant's prior unit was awarded  the  AFOUA;  thus  making  him
eligible to receive this award.  The AFOUA will be  added  to  his  DD
Form 214.

DPPPR recommends denying applicant's request for award of the PH,  Air
Force Overseas Ribbon and the PUC.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air  Force  evaluations  and  states  while
serving in the Air Force (AF) he received several  decorations.   Some
of the decorations appeared on his DD Form 214 and some did  not.   He
contacted  Randolph  AFB  and  they  corrected  one  of  the   missing
decorations and added the decoration to his DD Form 214.  However, the
applicant feels the decoration should have been  awarded  with  a  "V"
device and 1 bronze oak leaf cluster.  The applicant  states  that  he
received this decoration while serving in Viet Nam.  He further states
that Capt C., the officer in charge of his unit,  told  him  he  would
also receive the Viet Nam Cross of Gallantry.  The applicant submitted
copies of other service members' DD Form 214  and  DD  Form  215,  who
served  with  him  in  the  same  unit  and  they  have  received  the
decorations in question (Exhibit G).

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

DPPPR provided an additional advisory on 16  Aug  01.   The  applicant
amended his application to request award of the Air Force  Outstanding
Unit Award (AFOUA) with "V" device and one bronze  oak  leaf  cluster,
Presidential Unit Citation (PUC) and  Republic  of  Vietnam  Gallantry
Cross with Palm.

There  is  no  documentation  in  the  applicant's  personnel  records
indicating that he was assigned to the 3rd Security  Police  Squadron,
6251 Air Base Wing (ABW), or  1st  Detachment  377th  Combat  Security
Police Section.  Therefore, he is not eligible  for  any  awards  from
those units.

According to the applicant's records he was assigned to the 377th ABW,
Detachment 1 from 2 Feb 72 to 1 Feb 73.  The 377th  ABW  did  received
the AFOUA with Valor device, but the Detachment did not share in  this
award.

DPPPR again reviewed the applicant's records for eligibility  for  the
PUC and was still unable to determine his entitlement.  Their  records
indicated that the 377th ABW, Detachment 1, did not  qualify  for  the
PUC.

The applicant was awarded the Republic of Vietnam Gallantry Cross with
Palm, and this award will be added to his DD Form 214.  A  replacement
set of the applicant's authorized medals while in service, was  mailed
to him (Exhibit D).

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A complete copy of the additional Air Force evaluation  was  forwarded
to the applicant on 16 Aug 01, for review and response.   As  of  this
date, no 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
contentions are duly noted; however, we do not find his contentions in
and by themselves, sufficiently persuasive to override  the  rationale
provided by the Air Force.   We  note  that  the  applicant  has  been
awarded the AFOUA and the Republic of  Vietnam  Gallantry  Cross  with
Palm; however the applicant has not presented persuasive evidence that
he is eligible for the remaining awards  he  requests.   We  therefore
agree with  the  recommendations  of  the  Air  Force  and  adopt  the
rationale expressed as the basis for our decision that  the  applicant
has failed to sustain his burden of having suffered either an error or
an injustice.  Therefore, in the absence of evidence to the  contrary,
we find no compelling basis to recommend granting the relief sought in
this application.

_________________________________________________________________

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  on
October 4, 2001 under the provisions of AFI 36-2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Mr. William Edwards, Member
                 Mr. E. David Hoard, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 10 Oct 00, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPR, dated 22 May 01.
   Exhibit D.  Letter, SAF/MIBR, dated 15 Jun 01.
   Exhibit E.  Applicant’s Response, dated 13 Jun 01.
   Exhibit F.  Letter, AFPC/DPPPR, dated 16 Aug 01.
   Exhibit G.  Letter, SAF/MIBR, dated 24 Aug 01.





                                   RICHARD A. PETERSON
                                   Panel Chair

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