RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01162
            INDEX NUMBER:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to reflect he was awarded  the  Air  Force
Overseas Long Tour Ribbon, the Air Force Longevity Service  Ribbon,
the Republic of Vietnam Gallantry Cross  with  Palm,  and  the  Air
Force Security Forces Force Protection Qualification Badge.

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APPLICANT CONTENDS THAT:

Based on his active duty service with the Air Force, his service in
the Air Force Reserve and Air National Guard, he should be eligible
for some Air Force medals and badges; specifically, the  Air  Force
Overseas Long Tour Ribbon, the Air Force Longevity Service  Ribbon,
the Air Force Security  Forces  (formerly  Security  Police)  Force
Protection Qualification Badge, and the Vietnam Cross of  Gallantry
with Palm.

In support of his request, applicant provided documents  pertaining
to his service in the Regular Air Force, Air Force Reserve, and Air
National Guard.

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

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STATEMENT OF FACTS:

The applicant served on active duty in the Air Force from 19 Jun 61
– 28 Apr 65.  He served as an Air Policeman.

Applicant had subsequent service in the Air  Force  Reserve  during
the period 29 Apr 65 - 19 Aug  65,  and  Air  National  Guard  from
20 Aug 65 to 21 Oct 65.

His DD Form 214, Armed  Forces  of  the  United  States  Report  of
Transfer or Discharge, issued in  conjunction  with  his  honorable
release from active duty on 28 Apr 65, as amended, reflects he  was
awarded the Vietnam Service Medal, with two Bronze  Service  Stars,
the  National  Defense  Service  Medal,  the  Republic  of  Vietnam
Campaign Medal, the Air Force Outstanding Unit Award, and  the  Air
Force Good Conduct Medal.

His DD Form 214 was further administratively corrected on 8 Jun  04
to include the Air Force Longevity Service Ribbon.

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AIR FORCE EVALUATION:

HQ  AFPC/DPSFOC  stated,  in  part,  that   after   reviewing   the
applicant’s record and other historical data, we find his  DD  Form
214 to be accurate.  Although  applicant  held  the  air  policeman
Specialty Code (AFSC 77150), he was discharged from the  Air  Force
on 28 Apr 65.  The Security Police Qualification Badge  (now  named
Force Protection) was created in  1975,  after  the  applicant  was
discharged.  There were no provisions  made  to  award  this  badge
retroactively; therefore, the applicant is not entitled to any  Air
Force  Occupational  badges.   Additionally,  the  Security  Police
Identification Badge (shield) was created in 1959.  This badge is a
duty badge and could only be worn on the  uniform  when  performing
the duty.  The badge should not be added to the DD Form 214.

On 1 Jun 04, HQ AFPC/DPPPRA advised the applicant they verified his
entitlement to the Air Force Longevity Service Ribbon and  that  it
would be added to his DD Form 214.

They further advised him that the  Air  Force  Overseas  Long  Tour
Ribbon was awarded to Air  Force  and  Air  Force  Reserve  members
credited  with  completion  of  an  overseas  tour  on   or   after
September 1, 1980.  The member was assigned to Tachikawa AB,  Japan
for the period 8 Nov 61 to 8 Jan 64.  There is no provision made to
award retroactivity; therefore, he is not entitled to  this  award.
The Republic of Vietnam (RVN) Gallantry Cross with Palm is  awarded
to certain units for valorous combat achievement during the Vietnam
War, 1 Mar 61 to 28 Mar 73.  The member’s unit in Vietnam  did  not
earn the Republic of Vietnam Gallantry Cross with Palm while he was
assigned; therefore he is not eligible for this award.

A complete copy of the Air Force evaluation,  with  attachment,  is
attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant contends  that  the  U.S.  Army  has  identified  in  its
regulations that the Vietnamese Government issued the award to  all
units subordinate to U. S.  Military  Assistance  Command,  Vietnam
(MACV) during the period 8 Feb 62 – 28 Mar 73.   This  permits  all
personnel who served in Vietnam to wear the  RVN  Gallantry  Cross.
He also provides a chart showing the U.S. MACV was  a  subordinate,
unified command under the operational control of the  Commander  in
Chief, Pacific.  He states, the Air Force should  follow  the  Army
model and permit all personnel who served in Vietnam  to  wear  the
RVN Gallantry Cross regardless of  whether  they  were  issued  the
award individually or as a unit.

He agrees that the Security Forces Qualification Badge was  created
in  1975,  and  no  provisions  were  made  to  award   the   badge
retroactively; however, this is a slight to  those  that  were  air
police and served  combat  tours  in  Korea  or  Vietnam  providing
security police duties.

Applicant’s complete response is at Exhibit E.

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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.  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  office  of  primary  responsibility  and  adopt   their
rationale as the basis for our conclusion that  the  applicant  has
not been the victim of an error or injustice.   Therefore,  in  the
absence of evidence to the contrary, we find no compelling basis to
recommend granting the relief sought 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-2004-
01162 in Executive Session on 17 August 2004, under the  provisions
of AFI 36-2603:

      Mr. Roscoe Hinton Jr., Panel Chair
      Ms. Renee M. Collier, Member
      Mrs. Barbara R. Murray, Member



The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 3 Apr 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSFOC, dated 27 Apr 04.
    Exhibit D.  Letter, SAF/MRBR, dated 25 Jun 04.
    Exhibit E.  Letter, Applicant, dated 30 Jun 04, w/atchs.




                                   ROSCOE HINTON JR.
                                   Panel Chair