RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-01810
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
a. He be promoted to the grade of sergeant (E-4).
b. He be awarded the Purple Heart Medal, the Air Force Overseas Short
Tour Ribbon, the Vietnam Service Medal, and the Republic of Vietnam
Campaign Medal.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was told that after he served in Guam for 13 months without leave, he
would be promoted to E-4. Because he served in Guam during the Vietnam
conflict he should be awarded the Vietnam Service Medal and Republic of
Vietnam Campaign Medal. He was injured in the line of duty and should be
awarded the Purple Heart Medal.
In support of his request, applicant provided personal statements; a copy
of his DD Fm 214, Armed Forces of the United States, Report of Transfer or
Separation; copies of Certificates of Appreciation, copies of College
Transcript, and copies of Training Certificates. His complete submission,
with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 1 Jul 66. He was
progressively promoted to the grade of Airman Second Class having assumed
that grade effective and with a date of rank of 1 Sep 67. On 22 Oct 69, he
was discharged from the Air Force by reason of physical disability with
entitlement to severance pay. He served 3 years, 3 months, 22 days on
active duty. He served an overseas tour in Guam during the period of 5 Jul
68 through 12 Jul 69.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPWB reviewed applicant's request and recommends that the
applicant's request be time barred. Should the Board choose to decide the
case on its merits, denial is recommended. DPPPWB states that during the
timeframe the applicant is requesting promotion, to be considered for
promotion to E-4 an individual required 8 months time-in-grade, 40 months
time-in-service, and the recommendation of his commander. At the time of
the applicant's discharge on 22 Oct 69, he had only a little over 39 months
time-in-service. The DPPPWB evaluation is at Exhibit C.
AFPC/DPPPR reviewed applicant's request and recommends denial. DPPPR
states that he was injured by falling on his back when he slipped on a wet
floor in the Commissary in Guam. Since the injury was not incurred as a
result of enemy action, he is not eligible for the Purple Heart Medal.
Since he was not assigned to, or on temporary duty (TDY) for 30 consecutive
or 60 nonconsecutive days to Vietnam, Laos, Thailand, or Cambodia he is not
eligible for the Vietnam Service Medal. Since he did not serve 6 months in
Vietnam, Thailand, Laos, or Cambodia in direct support of operations in
Vietnam, he is not eligible for the Republic of Vietnam Campaign Medal.
The Air Force Overseas Short Tour Ribbon was established on 12 Oct 80, and
is not awarded retroactively. Since the applicant separated from the Air
Force on 22 Oct 69, he is not eligible for the ribbon. The DPPPR
evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant states that he is not asking for the Purple Heart Medal with
valor. He is asking for the basic Purple Heart Medal because he was still
on duty at the time he was hurt. He was told that he would still be
promoted to E-4 along with award of the Good Conduct Medal because he had
over 13 months overseas and his last promotion was in 1967.
In further support of his request, applicant provided a personal statement
and additional copies of documents he previously provided. His complete
submission, with attachments, is at Exhibit F.
_________________________________________________________________
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 that would warrant the applicant's
promotion to the grade of sergeant or award of the requested medals. We
took notice of the applicant's complete submission in judging the merits of
the case; however, we agree with the opinions and recommendations of the
Air Force offices of primary responsibility and adopt their rationale as
the basis for our conclusion that the applicant has not been the victim of
an error or injustice. Therefore, in the absence of persuasive evidence to
the contrary, we find no basis upon which to recommend granting the relief
sought in this application.
4. The applicant's case is adequately documented and it has not been shown
that a personal appearance with or without counsel will materially add to
our understanding of the issues involved. Therefore, the request for a
hearing is not favorably considered.
_________________________________________________________________
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 Docket Number 02-01810 in
Executive Session on 19 Sep 02, 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 was considered:
Exhibit A. DD Form 149, dated 27 May 02, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPWB, dated 30 Jul 02.
Exhibit D. Letter, AFPC/DPPPR, dated 23 Jul 02.
Exhibit E. Letter, SAF/MRBR, dated 23 Aug 02.
Exhibit F. Letter, Applicant, dated 26 Aug 02.
EDWARD C. KOENIG III
Panel Chair
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