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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