RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00699,
                                            Case 2
                       INDEX CODE:   107.00

                       COUNSEL:  None

                       HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  2 SEP 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected  to  reflect  award  of  the  NonCommissioned
Officer Professional Military Education Ribbon (NCOPMER), the  Vietnam
Gallantry Cross with Palm (RVNGC w/P) and the Civil Action Ribbon with
Palm (CAR w/P).

_________________________________________________________________

APPLICANT CONTENDS THAT:

The decorations were omitted from his DD  Form  214  at  the  time  of
discharge.  The decorations were  approved  in  March  1974  after  he
retired.

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

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air  Force  (RegAF)  on  12 June
1954 for a period of six years.   He  was  progressively  promoted  to
Senior Master Sergeant (SMSgt).  He retired on 1 July 1971.  He served
20 years, 6 months and 21 days of active service.

His records reflect he was awarded the National Defense Service  Medal
(NDSM), Occupational Medal  (Germany),  Air  Force  Longevity  Service
Award (AFLSA), AFLSA with one Bronze  Oak  Leaf  Cluster  (OLC),  Good
Conduct Medal (GCM), GCM with three Bronze Loops, GCM with four Bronze
Loops, AFLSA with  two  Bronze  OLCs,  Air  Force  Commendation  Medal
(AFCM), Air Force Good Conduct Medal (AFGCM),
Small Arms Expert Marksmanship Ribbon  (SAEMR),  AFCM  with  one  OLC,
Vietnam Service Medal (VSM), NDSM with one Bronze Service Star  (BSS),
AFLSA with three Bronze OLCs, AFGCM with one Bronze OLC, VSM with  one
BSS, and the Republic of Vietnam Campaign Medal (RVCM).

On 9 August 2004, the applicant submitted a similar  request  to  have
his records corrected to reflect award of the  Air  Force  Outstanding
Unit Award (AFOUA) with one Oak Leaf  Cluster  (OLC),  the  Air  Force
Recruiter Ribbon (AFRR) and the Air Force  Master  Level  Occupational
Badge for Supply.  On 14 September 2004, a  DD  Form  215  was  issued
adding AFOUA with one OLC and the AFRR to  his  DD  Form  214.   On  4
November  2004,  the  Board  considered  and  denied  the  applicant’s
remaining issue for award of the Air Force Master  Level  Occupational
Badge.

On 17 May 2005, AFPC/DPPRSP informed the applicant  that  verification
was done and a DD Form 215 was  issued  on  16  May  2005  adding  the
NCOPMER and RVNGC w/P to his DD Form 214.  Therefore, the  only  issue
to be considered by the Board is his contention regarding the CAR w/P.

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AIR FORCE EVALUATION:

HQ AFPC/DPPPR states the Civil Actions Medal, First Class Color,  with
Palm is awarded to Navy and Marines Corps personnel  who  served  “in-
country” Vietnam from 1 January  1965  through  28  March  1973.   The
applicant was stationed in Vietnam from June 1963  through  May  1964.
They recommend the requested relief be denied.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant, in response  to  the  advisory  opinion,  provided  the
history of the Republic of Vietnam Civil Actions Medal (Exhibit F).

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ADDITIONAL AIR FORCE EVALUATION:

The Board staff, upon  further  review  of  the  applicant’s  request,
determined the applicant was requesting the Republic of Vietnam  Civil
Actions Unit Citation (RVNCAC).  It was unclear whether this  was  the
same decoration as the CAR w/P.  Therefore, an additional advisory was
requested to address this issue.

On 30 June 2005, HQ AFPC/DPPPR states the RVNCAC is  a  foreign  award
provided by the Republic of Vietnam to certain units of the  US  Armed
Forces for meritorious civil action service  during  the  Vietnam  War
(1 March 1961 to 28 March 1974).   HQ  AFPC/DPPPR  reviewed  the  unit
award files and determined the applicant was not assigned  to  a  unit
that received the RVNCAC.  Therefore they  recommend  the  applicant’s
request for award of the RVNCAC be denied (Exhibit G).

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APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the corrected Air Force  evaluation  was  forwarded  to  the
applicant on 7 July 2005, for review and response.  As of  this  date,
no response has been received by this office.

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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 an error  or  an  injustice.   The  Board  notes  the
applicant’s  records  were  administratively  corrected  to  add   the
Noncommissioned Officer Professional Military Education Ribbon and the
Republic of Vietnam Gallantry Cross with Palm  to  his  records.   The
applicant’s contentions are duly noted, however,  we  agree  with  the
opinion  and  recommendation  of  the  Air  Force  office  of  primary
responsibility and adopt its rationale as the basis for our conclusion
that the applicant has not been the victim of either an  error  or  an
injustice.  In this respect, the Board notes that during his  tour  in
Vietnam the applicant was not assigned to a  unit  that  received  the
Republic of Vietnam Civil Actions Citation.  Therefore, in the absence
of evidence to the contrary, we find no compelling basis to  recommend
granting the relief sought in this application.

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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 AFBCMR Docket Number  BC-
2005-00699 in Executive Session on 28 June and  24 August  2005,  under
the provisions of AFI 36-2603:

                                  Ms. Cathlynn B. Sparks, Panel Chair
                                  Mr. Michael J. Novel, Member
                                  Mr. Albert Ellett, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 21 Feb 05, w/atchs.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  Record of Proceedings, dated 4 Nov 05.
   Exhibit D.  Letter, HQ AFPC/DPPPR,dated 9 May 05.
   Exhibit E.  Letter, SAF/MRBR, dated 27 May 05.
   Exhibit F.  Applicant’s Response, dated 23 Jun 05.
   Exhibit G.  Letter, HQ AFPC/DPPPR, 30 Jun 05.
   Exhibit H.  Letter, AFBCMR, dated 7 Jul 05, w/atch.




                                        CATHLYNN B. SPARKS
                                        Panel Chair