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AF | BCMR | CY2004 | BC-2003-03364
Original file (BC-2003-03364.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03364
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Presidential Unit Citation (PUC).

Examiner’s Note:  AFPC/DPPPRA indicated the applicant’s records show  he  is
entitled to the Air Force Outstanding Unit Award  (AFOUA)  with  “V”  device
and the Republic of Vietnam Gallantry Cross with Palm.  Therefore, the  only
issue before the Board is the PUC.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Due to clerical errors the PUC, AFOUA with “V” device and  the  Republic  of
Vietnam Gallantry Cross with Palm were omitted from his DD Form 214  (Report
of Separation from Active Duty).

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 17 November 1966  in  the
grade of airman basic for a period of four years.  On 9  November  1970,  he
was honorably released from active duty under the provisions  of  AFM  39-10
(Convenience of the Government).  He served four years, two months, and  one
day of total active military service.

He reenlisted in the Regular Air Force on 3 November 1972 in  the  grade  of
sergeant for a period of four years and contracted his last enlistment on  2
March 1976 in the grade of staff sergeant for a period of four years.

On 19 March 1979, the applicant was honorably discharged  in  the  grade  of
staff sergeant, under the provisions of  AFR  39-10  (Involuntary  Discharge
for Exceeding Air Force  Weight  Standards).   He  served  ten  years,  four
months, and ten days of total active military service.

The applicant’s DD Form 214 indicates he received the following  decorations
and  medals:   Small  Arms  Expert  Marksmanship  Ribbon  (SAEMR),  National
Defense Service Medal (NDSM), Republic of  Vietnam  Campaign  Medal  (RVCM),
Air Force  Longevity  Service  Award  with  Two  Oak  Leaf  Clusters  (AFLSA
w/2OLCs),  Vietnam  Service  Medal  with  Four  Bronze  Service  Stars  (VSM
w/4BSS), and the Air Force Good Conduct Medal  with  Two Oak  Leaf  Clusters
(AFGCM w/2OLCs)

On 14 November 2003, AFPC/DPPPRA  notified  the  applicant  indicating  they
verified his entitlement to the AFOUA with “V” device and  the  Republic  of
Vietnam Gallantry Cross with Palm.   However,  neither  of  his  units  (8th
Security Police Squadron in Thailand and the 824th Security Police  Squadron
in Okinawa) was awarded the PUC while he was assigned to  them.   Therefore,
he is not eligible for the PUC.  They  also  asked  that  he  withdraw  that
portion of his application.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial.  They indicated  there  is  no  evidence  the
applicant  was  assigned  to  any  unit  which  was  awarded  the  PUC.   An
individual is only entitled to share in a unit award of the  unit  to  which
he/she is assigned during the unit award period.  Therefore,  since  he  was
not assigned to any unit awarded the PUC, he is not  eligible  to  share  in
the PUC awarded to other units.

The evaluation, with attachment, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 30 January 2004, a copy of the Air Force evaluation was forwarded to  the
applicant for review and response within 30  days.   As  of  this  date,  no
response has been received by this office.

______________________________________________________________________

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 an error or an injustice warranting award of  the  Presidential
Unit Citation (PUC).  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  an
injustice.  According to the applicant’s military  personnel  records  there
is no indication that he was eligible for the PUC.   On  14  November  2003,
AFPC/DPPPRA advised the applicant neither of his units (8th Security  Police
Squadron in Thailand and the 824th Security Police Squadron in Okinawa)  was
awarded the PUC while he  was  assigned  to  them.   Therefore,  he  is  not
eligible for the PUC.  They also asked that he withdraw that portion of  his
application.   He  did  not  respond.   Further,  we  note  AFPC/DPPPRA  has
indicated the applicant is entitled to the AFOUA with  “V”  device  and  the
Republic of Vietnam Gallantry Cross with Palm, and these  awards  have  been
added to the applicant’s record.  Therefore, in view of the  above,  and  in
the absence of evidence that he  was  eligible  for  the  PUC,  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 an 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 AFBCMR Docket Number  BC-2003-
03364 in Executive Session on 10 March 2004 under the provisions of AFI  36-
2603:

                 Ms. Brenda L. Romine, Panel Chair
                 Ms. Ann-Cecile M. McDermott, Member
                 Ms. Kathleen F. Graham, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 1 October 2003, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPR, dated 22 January 2004,
               w/atch.
   Exhibit D.  Letter, SAF/MRBR, dated 30 January 2004.




                                   BRENDA L. ROMINE
                                   Panel Chair

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