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AF | BCMR | CY2004 | BC-2003-03882
Original file (BC-2003-03882.DOC) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                       DOCKET NUMBER:  BC-2003-03882
                                       INDEX CODE:  107.00
      XXXXXXXXXXXXXXXX                  COUNSEL: NONE

      XXXXXXXXXXXXXXX                   HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214 be corrected to reflect the addition of the  “V”  device  to
his Air Force Commendation Medal  (AFCM),  the  Presidential  Unit  Citation
(PUC) and the Air Force Outstanding Unit Award (AFOUA) with “V” device.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He is entitled to the  PUC  and  AFOUA  with  “V”  device  for  his  service
augmenting  the  35th  Security  Police  Squadron  while  in  Vietnam.    In
addition, even though his AFCM  citation  does  not  contain  valor  in  the
actual language, it is contained in  his  Airman  Performance  Report  (APR)
closing 15 June 1968.

In support of his application, the applicant provides a  personal  statement
and copies of his DD Forms 214, Certificate of  Release  or  Discharge  From
Active Duty; his APR closing 15 June  1968;  and  his  AFCM  citation.   The
applicant’s complete submission with attachments is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 8 July 1965, the applicant enlisted in the Regular Air Force at  the  age
of 17 for a period of four years in the rank of airman basic (E-1).  He  was
progressively promoted to the grade of sergeant (E-4) with a  date  of  rank
of 1 October 1968.  The applicant served in the Republic of Vietnam from  10
August 1967 to  6  August  1968.   He  was  released  from  active  duty  on
13 December 1968,  under  the  Christmas  Early  Release  program,  with  an
honorable characterization of service.  He served three years, five  months,
and six days on active duty.

The applicant’s current DD Form 214 reflects that he  was  awarded  the  Air
Force  Commendation  Medal,  Air  Force  Good  Conduct  Medal,   Air   Force
Outstanding Unit Award with “V” device and one oak  leaf  cluster,  Republic
of Vietnam Campaign Medal, Vietnam  Service  Medal  with  2  Bronze  Service
Stars, Republic of Vietnam Gallantry  Cross  with  Palm,  and  the  National
Defense Service Medal.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends  disapproval  of  the  applicant’s  requests  for  the
addition of the “V” device to his AFCM and for the PUC.  DPPPR  states  that
the applicant’s request for the AFOUA with “V” device  was  administratively
corrected and a new DD Form 214 was issued on 13  February  2003  reflecting
the addition.

DPPPR states that the applicant  was  not  assigned  to  the  35th  Security
Police Squadron, but to the 35th Supply Squadron.  The 35th Supply  Squadron
did not receive the PUC; therfore, the applicant is  not  eligible  for  the
award.

DPPPR informed the applicant on 5 February 2004 that the award  of  the  “V”
device to the AFCM is only authorized  for  qualifying  achievements,  which
occurred on or after 11 January 1996.  The applicant  was  informed  he  was
not eligible for the “V” device to his AFCM for the period 7 August 1967  to
25 July 1968, and was asked to withdraw this  portion  of  his  application.
The applicant; however, did not respond.

DPPPR states the applicant’s military personnel  records  were  reviewed  in
2003, for individual and unit awards  and  all  necessary  corrections  were
made at that time.   It  is  DPPPR’s  opinion  that  the  applicant  is  not
eligible for any additional unit  awards  or  individual  decorations.   The
DPPPR evaluation with attachments is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  the  applicant  on  23
April 2004 for review and response within 30 days.  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  available
records, we found no evidence that the applicant is eligible for  the  award
of the PUC or for the “V” device with his awarded AFCM.   According  to  the
evidence  of  record,  the  applicant’s  unit  was  not  awarded  the   PUC;
therefore, the applicant is not eligible for the award.   In  addition,  the
applicant’s AFCM was awarded for the period 7 August 1967  through  25  July
1968 and that the “V” device for the AFCM is only authorized for  qualifying
achievements, which occurred on or after 11 January 1996; therefore,  he  is
not eligible for award of the “V” device with his  AFCM.   In  contrast,  we
note  the  Air  Force  office  of  primary   responsibility   verified   the
applicant’s claim that he was entitled  to  award  of  the  AFOUA  with  “V”
device and that the appropriate office has already corrected his records  to
reflect this award.  We agree with the assessment by the  Air  Force  office
of primary responsibility and adopt their conclusions  as  our  findings  in
this case.  Accordingly, the applicant’s request for award of  the  PUC  and
the “V” device with his AFCM is not favorably considered.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issues involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

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 in  Executive
Session on 8 June 2004, under the provisions of AFI 36-2603:

      Mr. Roscoe Hinton Jr., Panel Chair
      Mr. Garry G. Sauner, Member
      Mr. Grover L. Dunn, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2003-03882:

      Exhibit A.  DD Form 149, dated 8 Nov 03, with attachments.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/ DPPPR, dated 19 Apr 04.
      Exhibit D.  Letter, SAF/MRBR, dated 23 Apr 04.




                                                   ROSCOE HINTON JR.
                                                   Panel Chair

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