RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00266
            INDEX NUMBER:  107.00
      XXXXXXXXXXXXXXX  COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

The decorations awarded him during his time in service be corrected as
follows:

          a.  He be allowed to exchange his Armed Forces Expeditionary
Medal (AFEM) for the Vietnam Service Medal (VSM).  He also believes he
is eligible to receive two campaign stars.

          b.  He be awarded the National Defense Service Medal (NDSM).

          c.  He be awarded the Air Force Longevity Service Award.

          d.  He be awarded the Republic of Vietnam Campaign Medal.

          e.  He be awarded the Republic of  Vietnam  Gallantry  Cross
Unit Citation with Palm.

          f.  He be awarded the Air Force Outstanding Unit  Award  for
his assignment from 1 Jul 96 through 30 Jun 67 and for  the  period  1
Dec 65 through 30 Jun 66.

          g.  He be awarded the Air Medal if  eligible  based  on  the
flights he served on.

_________________________________________________________________

APPLICANT CONTENDS THAT:

In support of his request for  the  Vietnam  Service  Medal  with  two
campaign stars, he provides copies of orders showing that he  was  TDY
in Southeast Asia.

His DD Form 214 verifies his service for award of the National Defense
Service Medal and Air Force Longevity Service Award.

He provides copies of orders  that  verify  his  eligibility  for  the
Republic of Vietnam Campaign Medal.

Army General Order # 8 provides the eligibility criteria for award  of
the Republic of Vietnam Gallantry Cross with Palm  and  he  meets  the
criteria.

He provides copies of special orders showing his assignment  to  units
during the periods they were awarded the Air  Force  Outstanding  Unit
Award.

He believes that his orders and flight information may entitle him  to
the Air Medal, but he is not sure.

The applicant’s complete submission, with attachments, is  at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered active duty in the Air Force on 14  Dec  62  and
was released from active duty on 13 Dec 66  after  expiration  of  his
term of service.  He was credited with 7 months,  9  days  of  Foreign
Service.  His DD Form 214 reflects  that  he  was  awarded  the  Armed
Forces Expeditionary Medal with 1 Bronze Star, the Small  Arms  Expert
Marksmanship Ribbon, and the Air Force Good Conduct Medal.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial of the applicant’s request for  award  of
the Air Medal, two bronze service stars for the Vietnam Service Medal,
the Republic of Vietnam Gallantry Cross with Palm, and one of the  two
awards of the Air Force Outstanding Unit Award.

They advised the applicant on 28 Feb 03 that he was  entitled  to  the
National Defense Service Medal, the Air Force Longevity Service Award,
and one award of the Air Force Outstanding Unit Award.   He  was  also
advised that he was not eligible for award of the Republic of  Vietnam
Campaign Medal, the Republic of Vietnam Gallantry Cross with Palm,  or
the Air  Medal.   He  was  asked  to  withdraw  this  portion  of  his
application.  The applicant responded and  withdrew  his  request  for
award of the Republic of Vietnam Campaign Medal.  However, he  refused
to withdraw his application for award of  the  Vietnam  Service  Medal
with two Bronze Service Stars, the Republic of Vietnam Gallantry Cross
with Palm, and the Air Medal.

The applicant was not recommended for award of the Air  Medal  by  his
supervisor, commander, or  anyone  with  firsthand  knowledge  of  his
aerial accomplishments that  were  performed  above  and  beyond  that
required of his peers.  He has not provided any documentation  showing
he is eligible for award of the Air Medal.

In their 28 Feb 03 letter to the applicant, they agreed to delete  his
Armed Forces Expeditionary Medal and award  him  the  Vietnam  Service
Medal based solely on his DD Form 214.  He was advised that  since  he
was TDY to Vietnam, he was not eligible for any bronze service  stars.
Bronze service stars denote a unit’s  campaign  participation  credit.
Since only units in Vietnam, Thailand, Laos, and Cambodia are credited
with campaign participation, and the applicant  was  not  assigned  or
attached to any unit in these Southeast  Asia  countries,  he  is  not
entitled  to  any  bronze  service  stars.    Documentation   in   the
applicant’s records show the applicant was deployed only two times  in
direct support of operations and was in Vietnam less than 30 days each
time.  Also, there is no indication in his  records  that  he  was  on
orders as a regularly assigned aircrew member.

The Republic of Vietnam Gallantry Cross with Palm was awarded  by  the
Republic of Vietnam to units directly involved  with  the  defense  of
South Vietnam.  Since the applicant was not assigned  or  attached  to
any unit stationed in Vietnam, Thailand, Laos, or  Cambodia  that  was
awarded this unit award, he is not eligible for it.  The  only  orders
he provided showed that he was administratively attached to units that
were participating in exercises only.

In regards to the Air Force Outstanding Unit Award, the applicant  was
only assigned to three Air Force units while on active duty.  Only one
of the units earned an Air Force Outstanding Unit Award while  he  was
assigned to the unit.

The complete evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response to the Air Force evaluation, the  applicant  seeks  to
clarify his requests to SAF/MRBR.  He indicates that he had only asked
that his requests for the Republic of Vietnam Campaign Medal  and  the
Air Medal be withdrawn until he had more evidence.  He also asked that
his request be corrected to show the  Republic  of  Vietnam  Gallantry
Cross Unit Citation with Palm vice the Republic of  Vietnam  Gallantry
Cross with Palm.  The applicant also sees to clarify the issue of  his
TDY orders being for  participation  in  exercises.   He  provides  an
explanation of the exercise, “One Buck” that he  participated  in  and
which he claims his travel voucher  clearly  shows  his  flights  into
South  Vietnam  and  Thailand.   He  indicates  that   the   pertinent
regulation states “for the Service member’s participation  during  the
approved campaign periods.”  He states that the  regulation  does  not
differentiate between TDY and PCS.

The applicant contends that the Air Force evaluation failed to mention
the  other  requirements  for   being   awarded   the   Armed   Forces
Expeditionary Medal.  He lists the three  requirements  enumerated  in
the regulation and states that he fell under all three.  In  reference
to the Republic of Vietnam Gallantry Cross Unit Citation with Palm, he
believes that he clearly shows the chain of command from the  Military
Assistance Command  to  his  subordinate  unit.   The  applicant  also
indicates why he is entitled to  a  second  award  of  the  Air  Force
Outstanding Unit Award.

The applicant’s complete response, with attachments, is at Exhibit E.

_________________________________________________________________

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 regarding the applicant’s  request
for award of two bronze service stars for the  Vietnam  Service  Medal
(VSM), the Republic of Vietnam  Gallantry  Cross  Unit  Citation  with
Palm, and the Air Force Outstanding  Unit  Award  with  one  oak  leaf
cluster.

          a.    We note that the Air Force agreed to replace the Armed
Forces Expeditionary Medal listed on the applicant’s DD Form 214  with
the Vietnam Service Medal although  they  later  determined  that  the
applicant’s  records  do  not  confirm  his  entitlement   to   either
decoration.  Regarding the applicant’s  entitlement  to  two  campaign
stars for the VSM, we note that the applicant  himself  questions  his
entitlement to the  VSM  based  on  being  TDY  for  a  period  of  30
consecutive days or 60 nonconsecutive  days.   He  indicates  that  he
believes he is entitled based on (1) attached to or regularly  serving
for one or more days with an organization participating in or directly
supporting ground (military) operation or (2) actually participate  as
a crew member in  one  or  more  aerial  flights  directly  supporting
military operations.  The  TDY  vouchers  and  orders  he  submits  as
evidence show that he was TDY to Southeast Asia and dropped off  cargo
while in Vietnam, but do not substantiate  his  entitlement  based  on
either of the above two criteria.  While we support  the  Air  Force’s
decision to honor their decision  to  grant  the  applicant  the  VSM,
albeit in error, we believe that awarding two campaign  stars  is  not
justified and would only further compound the error made.

          b.  The applicant’s rationale  for  his  being  awarded  the
Republic of  Vietnam  Gallantry  Cross  with  Palm  Unit  Citation  is
similarly flawed.  He was never assigned to a unit that  entitled  him
to this award.  He was, in fact, assigned to the Unit  from  which  he
was deployed, a stateside unit not entitled to this award.

          c.  Regarding the applicant’s  request  for  the  Air  Force
Outstanding Unit Award with One Oak Leaf Cluster, we  agree  with  the
rationale provided by AFPC/DPPPR regarding  this  award.   Again,  the
applicant is seeking entitlement  to  an  award  that  requires  being
assigned to the unit to which it is granted or authorized.  He was not
assigned to the unit upon which he bases his entitlement.

4.  The applicant voluntarily withdrew his request for the Republic of
Vietnam Campaign Medal and Air Medal.  We note that the Air Force  has
verified the applicant’s entitlement to the National  Defense  Service
Medal, the Air Force  Longevity  Service  Award,  and  the  Air  Force
Outstanding Unit Award (with no oak leaf clusters).   AFPC/DPPPRA  has
verified that they will make the  administrative  corrections  to  the
applicant’s records.    We concur with  the  Air  Force’s  recommended
actions and find no reason  to  grant  the  remainder  of  the  relief
requested 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 Docket  Number  BC-2003-
00266 in Executive Session on 20 August 2003, under the provisions  of
AFI 36-2603:

      Ms. Olga M. Crerar, Panel Chair
      Ms. Leslie Abbott, Member
      Mr. James W. Russell, III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 Jan 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPPR, dated 5 May 03, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 16 May 03.
    Exhibit E.  Letter, Applicant, dated 9 Jun 03, w/atchs.




                                   OLGA M. CRERAR
                                   Panel Chair