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AF | BCMR | CY2006 | BC-2005-03668
Original file (BC-2005-03668.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03668
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 4 JUNE 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect he was awarded the  Joint  Service
Commendation Medal (JSCM), Air Force Commendation Medal (AFCM) and the
Air Force Outstanding Unit Award (AFOUA).

_________________________________________________________________

APPLICANT CONTENDS THAT:

These awards were omitted from his DD Form 214.

In support of his request, the applicant provided a  copy  of  his  DD
Form 214, performance report.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 5 February 1968, the applicant enlisted in the  Regular  Air  Force
(RegAF) as an airman basic (AB) for a period of four years.

The applicant’s DD Form 214 reflects he was awarded  National  Defense
Service Medal (NDSM), Air Force Good Conduct  Medal  (AFGCM),  Vietnam
Service Medal (VSM), Republic of Vietnam Campaign Medal (RVCM) and the
Air Force Outstanding Unit Award (AFOUA).

The applicant was honorably released from active  duty  on  5 November
1971.  He served three years, nine months and one day of  active  duty
service.

On  25  April  2006,  HQ  AFPC/DPPRSP  informed  the   applicant   his
eligibility for the Republic of Vietnam Gallantry Cross with Palm
(RVNGC w/P) and the  VSM  with  three  Bronze  Stars  (BSs)  had  been
verified and his records will corrected  administratively  to  reflect
the aforementioned medals.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the  requested  relief  be  denied.   AFPC/DPPPR
states in accordance with the Department of Defense Manual the JSCM is
“awarded in the name of the Secretary of Defense  to  members  of  the
Armed Forces of the US who, while assigned to a joint activity after 1
January 1963, distinguish themselves  by  meritorious  achievement  or
service.”

DPPPR further states in accordance  with  the  Air  Force  Instruction
(AFI) 36-2803, the AFCM is  awarded  for  outstanding  achievement  or
meritorious  service;  or  acts  of  courage  that  do  not  meet  the
requirements for award of the Airman’s Medal or Bronze Star Medal, and
sustained  meritorious  performance  by  crew  members.   AFI  36-2803
further states the AFOUA w/V is awarded by the Secretary  of  the  Air
Force  (SAF)  to  units  that   have   distinguished   themselves   by
exceptionally meritorious  service  or  outstanding  achievement  that
clearly sets the unit above and apart from similar units.

DPPPR after a complete review of  the  applicant’s  official  military
record determined the applicant was never recommended or approved  for
the award of the JSCM or the AFCM.  Further the  applicant  was  never
assigned to a joint activity; therefore,  he  is  ineligible  for  the
JSCM.


A complete copy of the evaluation, with attachments,  is  attached  at
Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
12 May 2006, 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.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of an error or an injustice.   We  took  notice  of  the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and the recommendation of  the  Air
Force and adopt its rationale as the basis for our conclusion that the
applicant has not been the victim of an  error  or  an  injustice.  As
stated, by the  office  of  primary  responsibility,  the  applicant’s
eligibility for the VSM w/3 BSS, and the RVNGC w/P has  been  verified
and his records will be corrected  administratively.   However,  after
thoroughly reviewing the applicant’s  records,  and  documentation  he
provided, we do not find  any  evidence  that  indicates  he  met  the
criteria for award of the AFCM, AFOUA w/V or JCSM.  Furthermore, there
is  no  evidence  in  the  applicant’s  records  indicating   he   was
recommended or approved for the award of the JCSM or AFCM.  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 AFBCMR Docket Number BC-
2005-03668  in  Executive  Session  on  15  August  2006,  under   the
provisions of AFI 36-2603:

                       Mr. Richard A. Peterson, Panel Chair
                       Ms. LeLoy W. Cottrell, Member
                       Ms. Karen A. Holloman, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 27 Nov 05, w/atchs.
      Exhibit B. Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPR dated 17 Jan 06.
      Exhibit D. Letter, SAF/MRBR, dated 12 May 06.





                 RICHARD A. PETERSON
                 Panel Chair

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