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AF | BCMR | CY2005 | BC-2004-02424
Original file (BC-2004-02424.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02424
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS:

It appears applicant’s request is to have his records corrected  to  reflect
award of the following decorations.


            Purple Heart (PH) Medal

            Air Force Commendation Medal (AFCM)
            Combat Readiness Medal (CRM)

            Cold War Victory Medal


            Senior Weapons Controller/Maintenance Badge

            Republic of Vietnam Gallantry Cross Unit Citation (RVNGCUC)

Since the following decorations are reflected on  the  applicant’s  DD  Form
214, no Board action is required on this portion of his request:  Air  Force
Good Conduct Medal (AFGCM), National Defense  Service  Medal  (NDSM),  Small
Arms Expert Marksmanship Ribbon (SAEMR), Vietnam  Service  Medal  (VSM)  and
Republic of Vietnam Campaign Medal (RVCM).

The Armed Forces Expeditionary Medal  (AFEM),  the  Korean  Defense  Service
Medal (KDSM), Air Force Outstanding Unit Award, with Valor (AFOUA w/V),  and
the Republic of Vietnam Gallantry Cross, with Palm (RVNGC  w/P),  have  been
administratively awarded; hence, no Board correction is required.
_________________________________________________________________

APPLICANT CONTENDS THAT:

Due to his distinguished meritorious service to his Country, he is  entitled
to the aforementioned awards and decorations and requests recognition.

He was injured when  a  rocket  or  mortar  hit  phone  lines  and  exploded
approximately 20 feet above ground.  The shock blew him  off  the  road  and
his foot was caught in a hole or trench.  The explosion  wrenched  his  knee
and made a negative impact on his hearing.

In support of his request, applicant submits a personal  statement,  a  copy
of his DD Form 214, a copy  of  AF  Form  7  (Airman  Military  Record)  and
additional documents associated with the issues cited  in  his  contentions.
The applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his enlistment in the Regular Air Force  on  9 December
1965 for a period of four years.   He  was  progressively  promoted  to  the
grade of staff sergeant (E-5), with an effective date and date of rank of  1
February 1969.  The applicant was released from active duty and  transferred
to the Air Force Reserve (Obligated Reserve Section)  on  8 July  1969.   He
had completed a total of three years and seven months  and  was  serving  in
the grade of E-5 at the time of separation.  On  8  December  1971,  he  was
relieved from his Reserve assignment and honorably discharged from  the  Air
Force Reserve.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends the application for award of the Purple Heart  (PH)
and the Air Force Commendation Medal (AFCM) be denied.

DPPPR states the applicant is ineligible for award of the  Combat  Readiness
Medal (CRM).  DPPPR found  no  documentation  in  the  applicant’s  military
records to indicate verification of being in a combat-ready position by  his
major command.  DPPPR indicates  that  the  Cold  War  Victory  Medal  is  a
commemorative medal not sanctioned by the Department of Defense (DoD).   The
Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P) and  the  Republic
of Vietnam Gallantry Cross Unit Citation (RVNGCUC) are  foreign  awards  not
stocked or issued by DoD.  The applicant may  obtain  these  awards  from  a
commercial  source  that  sells  military  supplies.   The  Senior   Weapons
Controller/Maintenance Badge is an official Air Force badge.  Its  wear  and
authorization is not determined  by  DPPPR,  but  by  the  Field  Activities
Division.

DPPPR states there is no evidence in the  applicant’s  medical  or  military
personnel records provided that he had been injured as a  direct  result  of
enemy action, which does not warrant award of the PH.   Additionally,  DPPPR
could not substantiate the applicant was  recommended  for  or  awarded  the
AFCM.  The applicant did not  respond  to  a  letter  requesting  additional
documentation to substantiate his claims.   The  HQ  AFPC/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 applicant on 21  January
2005 for review and response.   As  of  this  date,  no  response  has  been
received by this office (Exhibit D).
_________________________________________________________________

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  concerning  the  applicant’s  request  for
award of the Purple Heart (PH), Air Force Commendation Medal (AFCM) and  the
Combat Readiness Medal (CRM).  After reviewing the evidence  of  record,  we
are unpersuaded that the applicant’s records are in error  or  that  he  has
been the victim of an injustice.  His contentions are duly  noted;  however,
in our opinion, the detailed comments provided by the Air  Force  office  of
primary  responsibility   adequately   address   those   allegations.    We,
therefore, agree with the opinions and recommendations of the Air Force  and
adopt the rationale expressed  as  the  basis  for  our  decision  that  the
applicant has failed to sustain his burden that he has  suffered  either  an
error or an injustice.  We do not wish to deprive the  applicant  of  awards
to which he is entitled; however, based on the evidence before us,  we  have
no recourse but to conclude that his  request  for  the  PH,  AFCM  and  CRM
should be denied.   As  to  the  Cold  War  Victory  Medal,  Senior  Weapons
Controller/Maintenance Badge and the Republic  of  Vietnam  Gallantry  Cross
Unit  Citation  (RVNGCUC),  we  note  that   HQ AFPC/DPPPR   has   addressed
applicant’s  concerns  regarding  these   decorations   and   has   provided
information on how he can  obtain  the  foreign  awards.   In  view  of  the
foregoing and absent evidence to the contrary, we find no  compelling  basis
to recommend favorable action on the applicant’s request for  award  of  the
PH, AFCM and CRM.
_________________________________________________________________

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 7 April 2005, under the provisions of AFI 36-2603:

                  Mr. Richard A. Peterson, Panel Chair
                  Mr. Vance E. Lineberger, Member
                  Mr. James W. Russell III, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2004-02424.

   Exhibit A.  DD Form 149, dated 26 Jul 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, undated.
   Exhibit D.  Letter, SAF/MRBR, dated 21 Jan 05.




                                   RICHARD A. PETERSON
                                   Panel Chair

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