Search Decisions

Decision Text

AF | BCMR | CY2002 | 0200485
Original file (0200485.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-00485
            INDEX CODE: 107.00

      APPLICANT  COUNSEL:  None

      SSN   HEARING DESIRED: No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records and his DD Form 214 be updated to reflect that he received
the following awards for his service in Vietnam:  the  President  Unit
Citation, Air Force Outstanding Unit  Award  (AFOUA)  with  V  device,
Republic of Vietnam Gallantry Cross with Palm and Republic of  Vietnam
Gallantry Cross with Palm at Phu Cat Vietnam AB.

_________________________________________________________________

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:

On 15 Jul 99, the National Personnel Records Center (NPRC) issued a DD
Form 215, adding the Vietnam Service Medal  and  Republic  of  Vietnam
Campaign Medal to his records.  The applicant was also entitled to the
Vietnam Service Medal  with  1  Bronze  Star,  the  Presidential  Unit
Citation and the Republic of Vietnam Gallantry  Cross  with  Palm  and
these decorations have been added to  the  applicant's  DD  Form  214.
Therefore, the only issue remaining for consideration by the Board  is
the award of the AFOUA.

The remaining 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:

HQ AFPC/DPPPR states service  members  are  not  eligible  to  receive
awards issued to their parent or subordinate units.  They informed the
applicant on 26 Mar 02, that his DD Form 215, issued on 15 Jul 99  was
incomplete and that he was assigned to  the  366th  Field  Maintenance
Squadron (FMS), not the 366th Wing and that he is only entitled to the
unit awards that the 366th FMS earned.  The  366th FMS  received   the
AFOUA  with V device  for  periods 1 Apr 68-31 Jul 69, 1 Aug 69-1  Aug
70.  The applicant is not eligible for receiving the awards for either
period because he was not assigned to the unit until 29 Jul 71.   They
recommend the applicant's request for award of the AFOUA be denied.

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

Examiner's Note:  We have been informally  advised  by  the  OPR  that
foreign unit awards, such as the Republic of Vietnam  Gallantry  Cross
w/Palm, regardless of whether the service member served in  more  than
one unit, or the unit was awarded the award more than once the service
member is only eligible to receive the award one time.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 7
June 2002, 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 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
Presidential Unit Citation, Vietnam Service Medal, Republic of Vietnam
Campaign Medal, Vietnam Service Medal with 1 Bronze Star, and Republic
of Vietnam Gallantry  Cross  with  Palm.   With  regard  to  the  last
mentioned award, the service member is only entitled  to  receive  the
award once.  Further,  the  applicant  has  not  presented  persuasive
evidence that he is eligible for the Air Force Outstanding Unit  Award
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 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 AFBCMR Docket Number 02-
00485 in Executive Session on 22 August 2002, under the provisions  of
AFI 36-2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Mr. Laurence M. Groner, Member
                 Mr. George Franklin, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 3 Feb 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPR, dated 15 May 02.
   Exhibit D.  Letter, SAF/MRBR, dated 7 Jun 02.




                                   RICHARD A. PETERSON
                                   Panel Chair

Similar Decisions

  • AF | BCMR | CY2004 | BC-2003-04138

    Original file (BC-2003-04138.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-04138 INDEX CODE: COUNSEL: DVA-NY HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: The Republic of Vietnam Gallantry Cross, Presidential Unit Citation (PUC), and Air Force Outstanding Unit Award (AFOUA) be added to his records. ___________________________________________________________________ APPLICANT CONTENDS...

  • 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). DPPPR recommends denying applicant's request for award of the PH, Air Force...

  • AF | BCMR | CY2006 | BC-2006-02306

    Original file (BC-2006-02306.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-02306 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 31 JANUARY 2008 _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect award of the Air Medal (AM), Air Force Outstanding Unit Award with Valor & One Oak Leaf...

  • AF | BCMR | CY2005 | BC-2004-02424

    Original file (BC-2004-02424.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPPR recommends the application for award of the Purple Heart (PH) and the Air Force Commendation Medal (AFCM) be denied. We do not wish to deprive the applicant of awards to which he is entitled; however, based on the evidence before us, we have no recourse but to conclude that his request for the PH, AFCM and CRM should be denied. As to the Cold War Victory Medal, Senior...

  • AF | BCMR | CY2003 | BC-2003-00675

    Original file (BC-2003-00675.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-00675 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NOT INDICATED _________________________________________________________________ APPLICANT REQUESTS THAT: The Korean Defense Service Medal, The Republic of Korea Service Cease-Fire Period Medal, The Republic of China 823 Campaign Badge of Honor, the Republic of China U.S. Mutual Defense Commemorative Badge, the Air...

  • AF | BCMR | CY2006 | BC-2005-03668

    Original file (BC-2005-03668.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-03668 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 4 JUNE 2007 _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he was awarded the Joint Service Commendation Medal (JSCM), Air Force Commendation Medal (AFCM) and the Air Force Outstanding Unit Award (AFOUA). We...

  • AF | BCMR | CY2002 | BC-2001-02959

    Original file (BC-2001-02959.doc) Auto-classification: Denied

    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.

  • AF | BCMR | CY2007 | BC-2007-01591

    Original file (BC-2007-01591.doc) Auto-classification: Denied

    HQ AFPC/DPPPR’s complete evaluation is at Exhibit C. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 15 Jun 07 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and...

  • AF | BCMR | CY1999 | 9800753

    Original file (9800753.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 98-00753 INDEX CODE: 107 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected by adding the appropriate awards/decorations as follows: Add the Air Force Good Conduct Medal (AFGCM) Add the Presidential Unit Citation (PUC)...

  • AF | BCMR | CY1999 | BC-1998-00753

    Original file (BC-1998-00753.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 98-00753 INDEX CODE: 107 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected by adding the appropriate awards/decorations as follows: Add the Air Force Good Conduct Medal (AFGCM) Add the Presidential Unit Citation (PUC)...