Search Decisions

Decision Text

AF | BCMR | CY2003 | BC-2003-00393
Original file (BC-2003-00393.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2003-00393

            COUNSEL:  MARY NEWMAN

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Air Medal, First Oak Leaf Cluster  (AM,  1  OLC)  and  the
Presidential Unit Citation (PUC).

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

These awards were all omitted.

In support of the appeal, the applicant submits copies of his DD Forms  214,
Armed Forces  of  the  United  States  Reports  of  Transfer  or  Discharge,
rendered in conjunction with his 15 November 1957 release from  active  duty
and his 9 September 1966 and 20 October 1969 separations.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force (RegAF) on 26 July 1954  for
a period of four years.  He was released from  active  duty  on  15 November
1957 and transferred to the  Air  Force  Reserve  (AFRes).   On  9 September
1958, he was honorably discharged from the AFRes and enlisted in  the  RegAF
on 10 September 1958, for a period of  four  years.   He  was  progressively
promoted to the grade of staff sergeant (E-5).

From  14  June  1965  to  23  June  1966,  he  was  assigned  to  the  XXXth
Photographic Squadron, at Tan Son Nhut AB, Republic of Vietnam, as  a  still
photographer.

The applicant’s AF Form  7,  Airman  Military  Records,  indicates  that  he
completed 72 out-of country combat missions from August 1965 to  June  1966,
as defined in ALMAJCOM Message 421/66.



Headquarters 2nd Air Division special order  G-87,  dated  2 February  1966,
awarded  him  the  Air  Medal  (AM)  for   meritorious   achievement   while
participating in  sustained  aerial  flight  as  a  combat  crew  member  in
Southeast Asia from 30 July 1965 to 31 December 1965.

He retired on 1 June 1975 in the grade of staff sergeant.

A DD Form 215,  Correction  to  DD  Form  214,  Certificate  of  Release  or
Discharge from Active Duty, was prepared on 16 June 2003, correcting his  DD
Form 214, issued in conjunction with his retirement, to include the VSM  and
RVCM in item 26.

The Air Medal (AM) is awarded for heroic or  meritorious  achievement  while
participating in aerial flight.

The Presidential Unit Citation (PUC) is awarded  for  extraordinary  heroism
in action against an armed enemy occurring on or after 7 December 1941.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the applicant’s request for award of the  AM,  1  OLC,
and the PUC be denied.  AFPC/DPPPR states, in part, that they  notified  the
applicant that there was no  official  documentation  in  his  records  that
showed he was awarded the AM, 1 OLC, and gave him 30 days to send a  legible
copy of the order awarding him the AM, 1 OLC.  However, he did not  respond.
 In addition, the unit to which he was assigned in Vietnam was  not  awarded
the PUC.

The AFPC/DPPPR evaluation 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 17 June 2003 for review and response within  30  days.   However,  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  find  no  evidence  that  he  was
awarded the AM, 1 OLC, or was assigned to a unit that was  entitled  to  the
PUC.  Applicant’s contentions are duly noted; however, we do not find  these
assertions, in and by themselves, sufficiently persuasive  to  override  the
rationale provided by the Air Force.  The office of  primary  responsibility
has adequately addressed his contentions and we agree  with  their  opinions
and adopt the rationale expressed as the basis for our decision that he  has
failed to sustain his burden that he has suffered  either  an  error  or  an
injustice.  Hence, 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  Docket  Number  BC-2003-00393
in Executive Session on 17 September 2003, under the provisions of  AFI  36-
2603:

                       Ms. Peggy E. Gordon, Panel Chair
                       Mr. Michael V. Barbino, Member
                       Ms. Patricia Kelly, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 27 Jan 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 2 Jun 03.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Jun 03.




                                   PEGGY E. GORDON
                                   Panel Chair

Similar Decisions

  • AF | BCMR | CY2003 | BC-2003-01752

    Original file (BC-2003-01752.doc) Auto-classification: Approved

    _________________________________________________________________ APPLICANT CONTENDS THAT: His DD Form 214 does not reflect award of the BSM. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPPR on 17 June 2003 informed the applicant that his records did not indicate he was recommended for or was awarded the medal. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 19 May 03, w/atchs.

  • AF | BCMR | CY2002 | 0202575

    Original file (0202575.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-02575 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Air Medal with First and Second Oak Leaf Clusters (AM w/1 and 2 OLC). There is nothing in the applicant’s records to indicate that he was recommended for, or awarded, the AM w/2 OLC. ...

  • AF | BCMR | CY2004 | BC-2004-00161

    Original file (BC-2004-00161.doc) Auto-classification: Denied

    Applicant’s military personnel records reveal that, on 3 December 1970, the Directorate of Awards and Decorations, HQ Numbered Air Force, disapproved the proposed decoration recommendation for all four members. As of this date, no response has been received by this office (Exhibit D). In this respect, we note that the Award Board disapproved the Air Medal recommendation on 3 December 1970.

  • AF | BCMR | CY2006 | BC-2006-03305

    Original file (BC-2006-03305.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-03305 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY COMPLETION DATE: 29 April 2008 _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Presidential Unit Citation with 3 Oak Leaf Clusters (PUC w/3 OLC), and the Armed Forces Expeditionary Medal with 1 Bronze Service Star (AFEM w/1 BSS). ...

  • AF | BCMR | CY2001 | 0003244

    Original file (0003244.doc) Auto-classification: Denied

    The applicant’s complete submission is at Exhibit A. In addition, his Airman Performance Report (APR) rendered for the period 30 November 1964 through 16 June 1965 states that he flew 17 missions into Vietnam during the rating period. Although AFPC has administratively corrected his record to reflect award of the AM basic and the Vietnam Service Medal (VSM), there is no evidence he was ever submitted for an additional AM.

  • AF | BCMR | CY2005 | BC-2005-01747

    Original file (BC-2005-01747.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-01747 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 30 NOV 06 _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he received the Presidential Unit Citation (PUC) with two Oak Leaf Clusters (OLCs) and Vietnam service awards. A complete copy of the Air Force...

  • AF | BCMR | CY2002 | 0200393

    Original file (0200393.doc) Auto-classification: Denied

    _________________________________________________________________ STATEMENT OF FACTS: Limited documentation was available because the applicant’s military personnel records were lost or destroyed by fire. The relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force. After careful consideration of applicant's requests and the available evidence of record, we find insufficient evidence of error or injustice to...

  • AF | BCMR | CY2003 | BC-2003-00699

    Original file (BC-2003-00699.doc) Auto-classification: Denied

    He was honorably discharged from the AFRes on 22 February 1966. After reviewing the evidence of record, we find no evidence that the applicant was deployed to the Congo during the period required to be eligible for the AFEM. _________________________________________________________________ The following members of the Board considered Docket Number BC-2003-0699 in Executive Session on 17 September 2003, under the provisions of AFI 36- 2603: Ms. Peggy E. Gordon, Panel Chair Mr. Michael V....

  • AF | BCMR | CY2006 | BC-2005-02433

    Original file (BC-2005-02433.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPPR states there is no indication in the applicant’s records that he was recommended or awarded the DFC with first through third OLC. HQ AFPC/DPPPR further stated the applicant’s one year service in Vietnam was verified by his DD Form 214 dated 26 February 1972. Exhibit B. Applicant’s Master Personnel Records.

  • AF | BCMR | CY2005 | BC-2004-01608

    Original file (BC-2004-01608.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPPR states the AFEM was awarded to those servicemembers who served in direct support of the Cambodian operations during the period from 29 March 1973 through 15 August 1973. The applicant was informed by the office of primary responsibility that after reviewing his records, they determined he was not eligible for the AFEM because he did not serve in direct support of Cambodian operations. ...