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AF | BCMR | CY2005 | BC-2005-01376
Original file (BC-2005-01376.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01376
            INDEX CODE:  107.00
      XXXXXXXXXXXXXXX  COUNSEL:  NONE

      XXXXXXXXXXXXXX   HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  8 DEC 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be  corrected  to  show  he  was  awarded  the  Air  Force
Commendation Medal (AFCM) and the Vietnam Service Medal (VSM).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His records does not indicate award of the AFCM and the VSM.

In support of his request, the applicant submits a copy of his DD Form
214, Certificate of Release or Discharge from Active Duty and  a  copy
of AF Form 909, Airman Performance Report (APR).

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s available records reflect that he entered the Regular  Air
Force on 9 May 1966 and separated from active duty with  an  honorable
discharge on 6 October 1969.

His DD 214 reflects he is entitled to  the  National  Defense  Service
Medal.

On 19 May 2005, his record was  corrected  to  reflect  award  of  the
Vietnam Service Medal, w/2 BSS,  the  Republic  of  Vietnam  Gallantry
Cross with Palm, the Republic of Vietnam Campaign Medal  and  the  Air
Force Outstanding Unit Award with Valor and 1/OLC.

_________________________________________________________________



AIR FORCE EVALUATION:

The AFPC/DPPPR recommends denial of the applicant’s request for  award
of the AFCM.  DPPPR states the applicant’s military  personnel  record
reflects in an APR from 21 September 1967 through 20  September  1968,
that he would be nominated for the AFCM.  There is  no  evidence  that
the AFCM recommendation was submitted or approved.

According to DPPPR the applicant’s AF Form 7, Remarks, Item 18, states
his period of service from 9 May 1966 through 30 November 1968 is  not
creditable for award of the Air Force Good Conduct Medal.

DPPPR states without a special  order  authenticating  the  decoration
they recommend disapproval of his request for the AFCM.

The DPPPR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

According to the applicant the  advisory  opinion  clearly  states  in
subheading a. “shall  have  distinguished  themselves  by  meritorious
achievement or service.  The degree  of  merit  must  be  distinctive,
though need not be unique”.  He believes this clearly reflects actions
taken by himself and others during the TET Offensive of 1968 as well a
other clandestine operations not recorded.

The applicant’s complete response is at 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
applicant’s submission and the available evidence of  record,  we  are
not persuaded that the relief requested should be  granted.   We  took
notice of the 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  former  member  has  not  been  the
victim  of  an  error  or  injustice.   Should  the  applicant  secure
documentation  showing  he  was  recommended   for   the   Air   Force
Commendation Medal or an official order issued  approving  the  medal,
the Board would reconsider his application.  In the  absence  of  such
evidence,  we  find  no  compelling   basis   to   warrant   favorable
consideration of the relief sought in this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of a 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 no considered with this application.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2005-
01376 in Executive Session on 19 July 2005, under  the  provisions  of
AFI 36-2603:

                 Mr. John B. Hennessey, Panel Chair
                 Mr. Richard K. Hartley, Member
                 Ms. Patricia R. Collins, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 21 Apr 05, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPR, dated 16 May 05.
      Exhibit D. Letter, SAF/MRBR, dated 3 Jun 05.
      Exhibit E. Letter, Applicant, dated 17 Jun 05.




      JOHN B. HENNESSEY
      Panel Chair





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