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AF | BCMR | CY2006 | BC-2006-00487
Original file (BC-2006-00487.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00487
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  18 AUGUST 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect the award of the Bronze Star Medal
with Valor (BSM w/V), Air Force Expeditionary Service  Ribbon  (AFESR)
and Combat Action Badge (CAB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

In 1966 he was detached from the Air Force and reattached to the  Army
134th Aviation Co CANTHO, Vietnam 1966-1967.

In support of the appeal, applicant submits a personal statement.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 4  January  1962.   His
highest grade held was technical sergeant.  He retired  on  1 December
1982 in the grade of technical sergeant.  He served  20  years  and  3
days on active duty.

To be awarded the BSM, a member while serving in any capacity with the
Armed Forces of the United States on or after 7 December  1941,  shall
have distinguished himself by heroic  or  meritorious  achievement  or
service.

To qualify for the  AFESR,  individuals  must  have  deployed  for  45
consecutive days or 90 nonconsecutive days on a deployed status.   Any
contingency deployment qualifies (overseas or  stateside),  regardless
of the duty, destination, or location of the TDY.  There  is  no  time
limit to accumulate the 90 nonconsecutive days.

The CAB is only worn  while  permanently  assigned  (non-TDY)  to  and
performing duties with other Services or  awarded  by  sister  Service
components.  Upon Permanent Change of Station (PCS)  back  to  an  Air
Force unit, the member will remove the badge.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPF states AFI 36-2903, Dress  and  Personal  Appearance  of  Air
Force Personnel, outlines the wear of sister-Service badges, insignias
and patches and does not authorize permanent wear of the CAB  for  Air
Force personnel.  The CAB is only worn while permanently assigned (non-
TDY) to and performing duties with other Services or awarded by sister
Service components.  Upon Permanent Change of Station (PCS) back to an
Air Force unit, the member will remove  the  badge.   Therefore,  they
recommend denial of applicant’s request.

A complete copy of the evaluation is at Exhibit C.

AFPC/DPPPR states  that  they  were  unable  to  locate  an  order  or
citations  awarding  the  applicant  the  BSM  w/V.   The  AFESR   was
established after the applicant’s enlistment; therefore, the applicant
is not eligible for this award.  Therefore, they recommend  denial  of
applicant’s request for the BSM w/V and AFESR.

A copy of the evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 7 April 2006, copies of the Air Force evaluations were 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.

3.    Insufficient relevant evidence has been presented to demonstrate
the  existence  of  error  or  injustice.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and recommendation of the Air Force
and adopt their rationale as the basis for  the  conclusion  that  the
applicant  has  not  been  the  victim  of  an  error  or   injustice.
Therefore, in the absence of evidence to  the  contrary,  we  find  no
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  this  application  in
Executive Session on 17 May 2006, under the provisions of AFI 36-2603:

            Mr. Michael J. Maglio, Panel Chair
            Mr. Grover L. Dunn, Member
            Ms. Debra Walker, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 7 Feb 06, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPF, dated 23 Mar 06.
      Exhibit D. Letter, AFPC/DPPPR, dated 28 Mar 06.
      Exhibit E. Letter, SAF/MRBR, dated 7 Apr 06.




                             MICHAEL J. MAGLIO
                             Panel Chair

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