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AF | BCMR | CY2002 | BC-2001-02959
Original file (BC-2001-02959.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-02959
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214, Report of Separation from Active Duty,  be  corrected
to add the V device to the Air Force Outstanding Unit Award (AFOUSA).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His AFOUSA should be upgraded because the “V” device for valor is not
on it.  Other Air Force Security veterans  with  whom  he  served  in
Vietnam went through the same combat and received the “V” device.

In support  of  his  application,  the  applicant  provided  personal
statements, his separation documents and the separation documents  of
other  former  airmen,   correspondence   and   historical   military
documents, and a partial copy of a Veterans  Administration  decision
on a claim he submitted.   The  applicant's  complete  submission  is
attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s military records were lost or destroyed and efforts at
reconstruction have been unsuccessful.  The following information  was
extracted from the applicant’s separation documents, which he provided
in support of his appeal.

On 24 June 1971, the applicant enlisted in the Regular  Air  Force  at
the age of 17.  Following completion of training, he performed  duties
as a Security Specialist and was progressively promoted to  the  grade
of sergeant (E-4).  He served on active  duty  until  30 August  1973,
when he was honorably discharged under the  provisions  of  AFM  39-12
(Unsuitability - Character     and     Behavior      Disorders - Board
Entitlement).  He was credited with 2 years and  2  months  on  active
duty, of which 7 months and 26 days was foreign  and/or  SEA  service.
Seven  days  were  considered  time  lost  to   the   government.    A
Reenlistment Eligibility (RE) code 2 was assigned.  He was entitled to
the National Defense Service Medal (NDSM), the Vietnam  Service  Medal
(VSM), the Republic of Vietnam Campaign Medal (RVCM), the Presidential
Unit Citation (PUC), the Small Arms Expert Marksmanship Ribbon (SAEMR)
and the AFOUA.

Pursuant to a request by the applicant in this current appeal,  on  26
December 2001, a DD Form 215, Correction to DD Form  214,  was  issued
showing  the  applicant  was  entitled  to  the  Republic  of  Vietnam
Gallantry Cross with Palm.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR states that AF Pamphlet 900-2,  Unit  Decorations,  Awards,
and Campaign Participation Credits Approved, shows that the  5251  SPS
received unit awards only through  1  September  1971,  prior  to  the
applicant’s arrival in Vietnam; therefore,  he  could  not  have  been
assigned to this unit.  The 3 SPS and Det 1,  377  ABW  both  received
unit awards during the 72-73 period during which the applicant  served
in Vietnam.  Only the 3 SPS received the Presidential  Unit  Citation,
but it was earned for the  period  68-69,  prior  to  the  applicant’s
arrival in Vietnam.  The unit did earn the Air Force Outstanding  Unit
Award with V device, but not  while  the  applicant  was  in  Vietnam.
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.  That unit earned the
Republic of Vietnam Gallantry  Cross  with  palm  for  the  period  17
January 1972-28 January 1973, and this unit’s award has been added  to
the applicant’s DD Form 214.   Therefore,  they  recommend  denial  of
applicant’s request.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant  reviewed  the  Air  Force  evaluation,  reiterated  his
initial contentions,  and  presented  additional  documentation.   The
applicant’s letter, with attachments, is at Exhibit D.

_________________________________________________________________

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.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and recommendation of the Air Force
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 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 this application  on  19
November 2002, under the provisions of AFI 36-2603:

                 Ms. Ogla M. Crerar, Panel Chair
                 Ms. Barbara J. White-Olson, Member
                 Mr. Christopher Carey, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 9 Oct 01 , w/atchs.
   Exhibit B.  Letter, AFPC/DPPPR, dated 14 Dec 01.
   Exhibit C.  Letter, AFBCMR, dated 11 Jan 02.
   Exhibit D.  Applicant’s Response, dated 20 Jan 02, w/atchs.




                                   OGLA M. CRERAR
                                   Panel Chair


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