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AF | BCMR | CY2004 | BC-2004-01569
Original file (BC-2004-01569.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01569
            INDEX CODE:  107.00
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His record be corrected to show that he  was  awarded  the  Air  Force  Good
Conduct Medal (AFGCM)  (6  October  1962-5 November  1965);  the  Air  Force
Outstanding Unit Award (SO GB-333, 3 December 1965) with valor  for  service
in Vietnam; the Air  Force  Expeditionary  Medal  with  two  bronze  service
stars; and the Republic of Vietnam Gallantry Cross with Palm.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The medals were awarded to him after he was honorably discharged and  became
a civilian.

In support  of  the  application,  the  applicant  submits  a  list  of  his
requested changes, a copy of his separation document (DD 214), a copy  of  a
letter from his former unit with special order GB-333, and a copy of page  2
of  his  service  record.   The  applicant's   complete   submission,   with
attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 6 October 1959, the applicant enlisted in the Regular Air  Force  in  the
grade of Airman Third Class (E-2), at the age of 28 for  a  period  of  four
(4) years.  He was credited with prior Regular Air  Force  service  from  29
December 1949 to 14 September 1953 and Air  Force  Reserve  service  26  May
1956 to 5 October 1959.  He was  progressively  promoted  to  the  grade  of
staff sergeant effective and with a date of rank  of  1  October  1963.   He
served two (2) overseas tours from  25  July  1951  to  16  April  1953  and
31 August 1963 to 27 February 1965.  On 5 November 1965, the  applicant  was
honorably discharged by reason of expiration of term  of  service.   He  had
served 6 years and 1 month on active duty during his last period of  service
and was credited with 9 years,  9  months,  and  16  days  of  total  active
service.  His DD 214 reflects he was awarded the Armed Forces  Expeditionary
Medal with 1 Oak Leaf Cluster, the Air  Force  Good  Conduct  Medal  with  2
Bronze Oak Leaf Clusters, the Air  Force  Longevity  Service  Award  with  1
Bronze Oak Leaf Cluster, and the Air Force Outstanding Unit Award  with  One
Oak Leaf Cluster.

On 19 July 2004, HQ AFPC/DPPPR corrected the applicant’s DD 214  to  reflect
award of the Armed Forces Expeditionary Medal with 2 Bronze  Service  Stars,
the Air Force Outstanding Unit Award with One Oak Leaf Cluster, and the  Air
Force Good Conduct Medal.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR verified the applicant’s entitlement to the AFOUA w/1OLC  (not
the AFOUA w/V), the AFGCM, and the AFEM w/2BSS.  DPPPR forwarded  a  DD  215
(Correction  to  DD  214  –  Separation  Document)  to  the  applicant.   HQ
AFPC/DPPPR recommends denial of the applicant’s request  for  the  award  of
the Republic of Vietnam Gallantry Cross with Palm (RVGC w/P).  DPPPR  states
the applicant is not entitled RVGC w/P.  DPPPR notes this medal  is  awarded
to certain units of the U.S. Armed Forces for  valorous  combat  achievement
during the Vietnam War, 1 March 1961 to 28 March 1973.   DPPPR  states  they
were unable to verify the applicant’s entitlement to the  RVGC  w/P  in  his
military record.  DPPPR’s evaluation is attached at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states he was advised that duty on the ground in  Vietnam  for
30 days or more entitled an individual to the “v” device.   The  reason  the
third order did not appear on his separation document  was  that  the  order
was issued on 3 December 1965 and he was separated on  November  1965.   The
reason his Vietnam service did not appear on this  separation  document  was
like so many other airmen, they were sent TDY so as not to be listed  as  in
country, which would change the number of airman listed  by  the  Department
of Defense (Exhibit E).

_________________________________________________________________

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 evidence and the applicant’s complete submission,  we  are  not
persuaded that his records should be corrected to show he is entitled  to
the award of the Republic of Vietnam Gallantry Cross with Palm or the “V”
device with the AFOUA.  Other than his own assertions, the applicant  has
provided no documentary evidence that would establish his entitlement  to
either of the above-cited awards.  We are not unmindful or unappreciative
of his service to his Nation.  However, in  the  absence  of  documentary
evidence showing the corrected record of his awards and  decorations,  as
presently constituted, is erroneous or unjust, we have no basis on  which
to favorably consider this application.

___________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate
the  existence  of  probable  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 16 November 2004, under the provisions  of  AFI  36-
2603:

           Ms. Marilyn M. Thomas, Vice Chair
           Ms. Kathleen F. Graham, Member
           Ms. Janet I. Hassan, Member

The following documentary evidence was considered for AFBCMR  Docket  Number
BC-2004-01569

     Exhibit A.  DD Form 149, dated 10 May 04 w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPPR, dated 1 Jul 04.
     Exhibit D.  Letter, SAF/MRBR, dated 23 Jul 04, w/atchs.
     Exhibit E.  Applicant’s Rebuttal, dated 28 Jul 04 w/atchs.






                                  MARILYN M. THOMAS
                                  Vice Chair

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