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AF | BCMR | CY2002 | 0201366
Original file (0201366.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  02-01366
            INDEX CODE 107.00
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Armed Forces  Expeditionary  Medal  (AFEM)  for  the
period 22 Nov 66 to 30 Jun 74.

_________________________________________________________________

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 applicant retired in the grade of major on  1  Feb  1984  with  20
years and 28 days of active service.

The relevant facts pertaining to this application, extracted from  the
applicant's military records (Exhibit B), are contained in the  letter
prepared by the appropriate office of the Air Force (Exhibit C).
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR notes the applicant  was  awarded  the  Vietnam  Service
Medal (VSM) with 2 Bronze Service Stars. They advise that the AFEM was
only awarded for service in Vietnam during the period 1 Jul  58-3  Jul
65. Since the applicant was in Vietnam during the period 31 Aug  66-25
Aug 67, he is not eligible for the AFEM in any case.  Further,  he  is
not eligible for both the AFEM  and  VSM  for  his  tour  of  duty  in
Vietnam. Denial is recommended.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 9 Jul 02 for review and comment within 30  days.   As  of
this date, this office has received no response.

_________________________________________________________________

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.  After a thorough review  of  the
evidence of record and applicant’s submission, we  are  not  persuaded
that he should be awarded the AFEM. The applicant has not demonstrated
that he served in Vietnam during the qualifying period for  the  AFEM.
Further, according to HQ AFPC/DPPPR, he is  not  eligible  to  receive
both the AFEM and the  VSM  for  his  tour  of  duty  in  Vietnam.  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. 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 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 19 September 2002 under the provisions of AFI 36-
2603:

                 Mr. Edward C. Koenig III, Panel Chair
                 Mr. John E. Pettit, Member
                 Mr. Grover L. Dunn, Member

The following documentary evidence relating to AFBCMR Docket Number 02-
01366 was considered:

   Exhibit A.  DD Form 149, dated 20 Apr 02, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, dated 28 Jun 02.
   Exhibit D.  Letter, SAF/MRBR, dated 9 Jul 02.




                                   EDWARD C. KOENIG III
                                   Panel Chair

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