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AF | BCMR | CY2004 | BC-2004-01599
Original file (BC-2004-01599.DOC) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01599
            INDEX NUMBER:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Vietnam  Service  Medal  (VSM),  the  Small  Arms
Expert  Marksmanship  Ribbon  (SAEMR)  and  the  Presidential  Unit
Citation (PUC).

___________________________________________________________________

APPLICANT CONTENDS THAT:

He is entitled to these awards based on  his  military  service  in
Vietnam.  He was TDY to Vietnam, Cambodia and Laos during his  tour
of duty in Thailand.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The applicant served on active duty in the Regular Air  Force  from
14 July 1972 to 24 May 1980.  He was honorably  discharged  with  a
total of 7 years,  10  months,  and  11  days  of  active  military
service.   His DD Form 214 (Certificate  of  Release  or  Discharge
From Active Duty) indicates he served 8  months,  and  28  days  of
Foreign Service, and that he was awarded the Air  Force  (AF)  Good
Conduct Medal, with one Oak  Leaf  Cluster,  AF  Longevity  Service
Ribbon, National Defense Service Medal,  and  AF  Outstanding  Unit
Award.

The Airman Performance Report (APR) rendered for the period  4  Oct
73 to 9  Jul  74,  reflects  he  was  assigned  to  Ubon  Airfield,
Thailand; however, there is no mention of  any  TDY’s  to  Vietnam,
Cambodia, or Laos.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends the application be denied and  states,  in
part, that  the  applicant’s  record  does  reflect  he  served  in
Thailand from 4 Oct 73 to 9 Jul 74, but it is outside the inclusive
period of 4 Jul 65 and 28 Mar 73 for entitlement of the VSM.

On 1 Jun 04, AFPC/DPAPP1 advised the applicant his records did  not
indicate he served  in  Vietnam,  and  he  would  have  to  provide
documentation, i.e., a copy of a TDY order or a Travel Voucher,  to
show he served in Vietnam.  In his 16 Jun  04  response,  applicant
contended he spent considerable time in Vietnam. His unit was  also
in Cambodia and Laos.  During his debriefing he was told that  many
of his activities were to remain secret.  Since that  time  he  has
been reminded of these activities  through  many  sources  such  as
television, radio, magazines and newspapers.  He has not, nor  will
not, ever speak of these things as he promised at his debriefing.

There was no official record or documentation on  file  showing  he
had qualified as an expert with the M-16 or a  handgun  on  an  Air
Force firing range.   He  did  not  provide  any  documentation  to
substantiate his claim.  Therefore, they are unable to  verify  his
entitlement to the SAEMR.

The applicant’s unit of assignment was  awarded  the  PUC  for  the
periods of 18 Feb 66 to 30 Jun 67 and 11 Jul 68 to 31 Aug  69,  but
the applicant was assigned for the period of 4 Jul 77 – 3 Jul 79.

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

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant contends that he is entitled to the  PUC.   Between  1974
and 1980 he was assigned to intelligence units at Langley AFB  that
were awarded the PUC (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.  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-
01599  in  Executive  Session  on  1  September  2004,  under   the
provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. John E. B. Smith, Member
      Ms. Kathy L. Boockholdt, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 May 04.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 27 Jul 04.
    Exhibit D.  Letter, SAF/MRBR, dated 30 Jul 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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