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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Other Air Force Security veterans with whom he served in Vietnam went through the same combat and received the “V” device. Seven days were considered time lost to the government. Since the applicant only provided documentation that shows his assignment to Det 1, 377 ABW, this unit’s awards are the only ones to which they can verify the applicant is entitled.
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