RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02776
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Air Medal.

________________________________________________________________

APPLICANT CONTENDS THAT:

He was awarded the Air Medal but never received the award.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force On 1  February  1955  for  a
period of  four  years  and  continued  to  reenlist  contracting  his  last
enlistment on 19 September 1975.

On 31 October  1976,  the  applicant  retired  in  the  grade  of  technical
sergeant under the provisions of AFM 35-7.  He served 21 years and 9  months
of total active service.

The applicant’s  DD  Form  214  (Report  of  Separation  from  Active  Duty)
indicates he received the following decorations and citations:  The  Vietnam
Service Medal, Republic of Vietnam Campaign Medal, Purple Heart  Medal,  Air
Force Commendation Medal with One Oak Leaf Cluster, The Air Force  Longevity
Service Award with Two Bronze Oak Leaf  Clusters,  Air  Force  Good  Conduct
Medal with One Bronze Oak Leaf  Clusters,  Small  Arms  Expert  Marksmanship
Ribbon, and the Good Conduct Medal.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial.  They indicated  on  3  September  2004,  the
applicant wrote their office and provided documentation  that  he  had  been
awarded the AM.  The documentation is a transmittal letter  by  the  Seventh
Air Force.  The applicant did not  provide  a  copy  of  the  special  order
awarding the AM.  The transmittal provided is a  standard  letter  given  to
all members receiving any and all medals during this time  period.   Without
a special order  awarding  him  the  AM,  they  are  unable  to  verify  his
eligibility for this decoration.

The evaluation, with attachments, is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 1 October 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, although  as  noted  below,
the applicant prejudiced his case  by  declining  to  give  any  explanation
whatsoever.

3.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of an error or an injustice.  The applicant claims he was  awarded
the Air Medal but he did not receive  it.   It  was  not  in  his  personnel
records.  The DD Form 149 was filled out in the most  cursory  fashion;  the
applicant left Block 11 blank and made no attempt at all to explain when  he
discovered this omission in his records and why  he  did  not  bring  it  up
until now.  He provided no description at all of the activity for  which  he
was awarded the Air Medal.  It is noted the  Air  Medal  is  awarded  to  an
individual who, while serving in any capacity with the Armed Forces  of  the
United States, distinguishes himself or herself  by  heroic  or  meritorious
achievement while participating in aerial flight.  Since the  applicant  was
a masonry specialist, the Board majority would like to have had a  narrative
of why he was entitled to the Air Medal.  The Board noted  the  Headquarters
7th Air Force letter of transmittal dated 21 September 1970, but that  is  a
copy of a form letter where the applicant’s name and unit had been added  by
another typewriter.  It also bears the  handwritten  notation  “AFCM.”   The
majority of the Board finds this insufficient proof that the Air  Medal  was
awarded.  While agreeing with the minority member that we have no desire  to
question this decorated veteran’s integrity, a copy of the  form  letter  is
simply inadequate proof of an award without any  sort  of  explanation.   In
cases where the applicant’s submission  is  this  weak,  other  Boards  have
requested better documentary evidence.  If the applicant has only  the  form
letter without attachments, he should explain why.  The  personal  sacrifice
the applicant endured for his country is noted and the  majority’s  decision
in no way diminishes the high regard  we  have  for  his  service;  however,
insufficient documentary evidence has been  presented  to  warrant  awarding
him the Air Medal.  Therefore, in the absence of evidence to  the  contrary,
the majority finds no compelling basis  to  recommend  granting  the  relief
sought.  In the event the applicant wishes to  submit  a  new  DD  Form  149
addressing  the  points  in  the  majority  opinion   and   submitting   new
documentation (including the original HQ 7th Air Force  letter,  which  will
be returned to the applicant), the Board will reconsider its decision.

________________________________________________________________

THE BOARD DETERMINES THAT:

A majority of the panel finds insufficient evidence of  error  or  injustice
and recommends the application be denied.

________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2004-
02776 in Executive Session on 4 November 2004, under the provisions  of  AFI
36-2603:

                 Mr. Robert S. Boyd, Panel Chair
                 Mr. Garry G. Sauner, Member
                 Ms. Carolyn B. Willis, Member

By a majority vote, the  Board  recommended  denial.   Ms. Willis  voted  to
approve award of the  Air  Medal  and  submitted  a  Minority  Report.   The
following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 3 September 2004, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPR, dated 23 September 2004
                 w/atch.
   Exhibit D.  Letter, SAF/MRBR, dated 1 October 2004.
   Exhibit E.  Minority Report.




                       ROBERT S. BOYD
                       Panel Chair

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
                 CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  , DOCKET NO:  BC-2004-02776

      The applicant, a Vietnam War Veteran, requests he be awarded the Air
Medal.  The majority of the Board recommends denial of his request.  I
disagree.

      The applicant retired on 31 October 1976, after more than 21 years of
active duty service.  According to the applicant’s DD Form 214 he is a
decorated war veteran who received numerous awards to include the Purple
Heart Medal and the Air Force Commendation Medal with One Oak Leaf Cluster.
 The applicant contends he was awarded the Air Medal but never received the
award.  I note the applicant provided a transmittal letter from the Seventh
Air Force, dated 21 September 1970, which indicated the Air Medal was to be
included in the applicant’s personnel record.  I have served as a panel
member on other Board panels where we approved similar requests based
solely on the same transmittal letter from the Seventh Air Force.  Those
panels were persuaded the applicants were awarded the Air Medal because of
their heroism and meritorious achievement while participating in combat in
support of operations in Vietnam.  I believe the same holds true of this
applicant.  Therefore, in the absence of a reasonable basis to question the
integrity of this Vietnam War veteran, I find he has satisfied his burden
showing there has been an error in his records.

      Therefore, based on the totality of the evidence presented, I believe
the interest of justice can be best served by awarding the applicant the
Air Medal.




                                        CAROLYN B. WILLIS
                                        Member




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