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AF | BCMR | CY2004 | BC-2003-03667
Original file (BC-2003-03667.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03667
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Air Force Outstanding Unit Award with  “V”  device  (AFOUA
w/V), Republic of Vietnam Gallantry Cross with Palm (RVGC w/P), Republic  of
Vietnam Campaign  Medal  (RVCM),  Vietnam  Service  Medal  with  one  silver
service star  (VSM  w/1SSS),  the  Small  Arms  Expert  Marksmanship  Ribbon
(SAEMR), the Presidential Unit citation with “V” device, and  the  VSM  with
three bronze service stars (VSM w/3BSS).

Examiner’s Note:  AFPC/DPPPRA indicated the applicant’s records show  he  is
entitled to the Air Force Outstanding Unit  Award  with  “V”  device  (AFOUA
w/V), the Vietnam Service Medal w/3 Bronze Service Stars (VSM  w/3BSS),  the
Republic of Vietnam Gallantry Cross with Palm (RVGC w/P), and  the  Republic
of Vietnam Campaign Medal (RVCM).  Therefore, the  only  issues  before  the
Board is the SAEMR, the PUC w/V, and the VSM w/1SSS.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He should have received the requested awards.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 8 September 1967  in  the
grade of airman basic for a period of four years.

On 7 September 1971, the applicant was honorably discharged in the grade  of
sergeant, under the provisions of AFR 39-10 (Expiration  Term  of  Service).
He served four years total active military service.


The applicant’s DD Form 214 indicates he received the following  decorations
and medals:  National Defense Service  Medal,  Vietnam  Service  Medal,  Air
Force Commendation Medal, and the Air Force Good Conduct Medal.

On 2 December 2003, AFPC/DPPPRA advised  the  applicant  they  verified  his
entitlement to the RVGC w/P, VSM w/3 BSS, and the RVCM.  They advised  there
is no indication in his records he was awarded the  SAEMR  and  he  did  not
provide any documentation  to  substantiate  his  claim.   They  stated  the
bronze service stars for campaign  credit  are  not  verified  only  by  the
specific time period for each campaign; an individual must be assigned to  a
unit that received credit for participating in  each  campaign.   His  unit,
the 377th Security Police Squadron, only received credit  for  participation
in three campaigns while he was assigned to the unit, not five.   Therefore,
he was asked to withdraw the portion of his application requesting award  of
one silver service star for the VSM.  They further  indicated  in  order  to
verify his eligibility for award of the SAEMR, they needed  a  legible  copy
of the order awarding it to him or an  unaltered  AF  Form  522  showing  he
qualified as Expert on an Air Force firing range.

On 2 February 2004, the following awards were  added  to  his  DD Form  214:
VSM w/1BSS, AFOUA w/V, RVNGC w/P, and the VSM.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR indicated they verified his entitlement to the  AFOUA  w/V,  RVCM
and RVGS w/P, but could only verify the VSM w/3 BSS, not one silver  service
star and they have already  been  added  to  his  DD  Form  214  (Report  of
Transfer or  Discharge).   The  377th  Security  Police  Squadron  was  only
credited with participation in  three  campaigns  while  the  applicant  was
assigned to the unit;  therefore,  he  is  only  entitled  to  three  bronze
service stars on his VSM.  Although he requested award of  the  PUC  with  V
device in his 12 December 2003  response,  they  consider  his  request  for
award of the AFOUA w/V to have  resolved  this  issue.   His  unit  was  not
awarded the PUC while he was assigned to the unit, and  the  “V”  device  is
not added to this unit  award.   This  issue  is  considered  to  have  been
resolved administratively.  Without any official documentation  showing  the
applicant qualified as Expert on an Air Force firing range, they are  unable
to verify his eligibility for the SAEMR.  The applicant did not provide  any
documentation to substantiate his claim, even after being asked  to  do  so.
They recommend disapproval of the one silver service star  to  the  VSM  and
the SAEMR.

The evaluation, with attachments, is at Exhibit C.

_________________________________________________________________


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 13 February 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.  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 he was  eligible  for  the
SAEMR, PUC w/V,  and  the  VSM  w/1SSS.   On  2 December  2003,  AFPC/DPPPRA
advised the applicant there is no indication in his records he  was  awarded
the SAEMR and he did not  provide  any  documentation  to  substantiate  his
claim.  They stated the bronze service stars for  campaign  credit  are  not
verified only by the specific time period  for  each  campaign,  rather,  an
individual  must  be  assigned  to  a  unit   that   received   credit   for
participating in  each  campaign.   His  unit,  the  377th  Security  Police
Squadron, only received credit for participation in  three  campaigns  while
he was assigned to the unit, not five.  Therefore, he was asked to  withdraw
the portion of his application requesting award of one silver  service  star
for the VSM.  Also, it appears the applicant’s unit was  awarded  the  AFOUA
w/V rather  than  the  PUC  while  he  was  assigned  to  it,  as  noted  by
AFPC/DPPPRA.  They further indicated in order to verify his eligibility  for
award of the SAEMR, they needed a legible copy of the order awarding  it  to
him or an unaltered AF Form 522 showing that he qualified as  Expert  on  an
Air Force firing range.  We note the applicant has not submitted any of  the
requested documentation.   In  view  of  this,  we  are  not  persuaded  the
applicant has established his  entitlement  to  the  decorations.   We  note
AFPC/DPPPRA has indicated the applicant is entitled to  the  RVGC  w/P,  VSM
w/3 BSS, AFOUA, and the RVCM  and  these  awards  have  been  added  to  the
applicant’s DD Form 214.  Therefore, in  view  of  the  above,  and  in  the
absence of evidence  to  the  contrary,  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-
03667 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 25 September 2003, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPR, dated 29 January 2004,
               w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 13 February 2004.




                                   BRENDA L. ROMINE
                                   Panel Chair

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