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AF | BCMR | CY2006 | BC-2006-01725
Original file (BC-2006-01725.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01725
            INDEX CODE:  107.00

      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  10 DEC 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

The Vietnam Service Medal (VSM), Armed Forces  Expeditionary  Medal
(AFEM), and the Republic of Vietnam Campaign Medal (RVNCM) be added
to his DD Form 214, Armed Forces of the  United  States  Report  of
Transfer or Discharge, dated 15 Feb 67.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He requested replacement medals and ribbons in  Apr  06.   However,
what he received was not what he was  awarded  upon  his  departure
from the Air Force in Feb 67.  He received the  Small  Arms  Expert
Marksmanship Ribbon (SAEMR) and the 65 National  Defense  Medal  in
May 06.

During his separation out processing, he was instructed to  take  a
copy of his DD Form 214 to the Post Exchange (PX) and he  would  be
given the medals and ribbons listed except  for  the  VSM,  because
they were not available.

He was told to contact his congressman and he would  receive  them.
The medals/ribbons he received that day based on his  214  was  the
Small  Arms  Expert  Marksmanship   Ribbon   (SAEMR),   AFEM,   the
65 National Defense Medal and the RVNCM.

In support of  his  appeal,  applicant  submitted  a  copy  of  his
Temporary Duty (TDY) order, along  with  the  corresponding  travel
vouchers, Orders T-201, (18 Feb 66 for 10 days), T-312, (9 Mar 66),
and T-1590, (21 Nov 66 for 30 days).

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

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 22  May  63  in  the
grade of  airman  basic  for  a  period  of  four  years.   He  was
progressively promoted to the grade of airman  first  class  (E-4).
On 13 Feb 76, he was honorably released from active duty under  the
provisions of AFM 39-10.  He was credited with 3 years,  8  months,
and 24 days of active duty  service.   DD  Form  214,  Item  24(c),
Foreign and/or Seas Service reflected 1 year and 7 days of  foreign
service.

DD Form 214, dated 13 Feb 76, listed award of  the  SAEMR  and  the
65 National Defense Service  Medal.   On  28  Aug  06,  applicant’s
DD Form 214 was administratively corrected to award the  Air  Force
Outstanding Unit Award (AFOUA) and the Vietnam Service Medal (VSM).

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR reviewed this application and recommended  denial  of
the applicant’s request for the AFEM and RVNCM.  According  to  the
DD Form 214, applicant served in the Republic of  Philippines  from
Feb 66 to Feb 67, during that time period  he  was  TDY  (temporary
duty assignment) to Vietnam and Thailand for a total  of  47  days.
They  were  unable  to  locate  official   documentation   in   the
applicant’s  records  to  verify  his  entitlement  to  the   AFEM.
Applicant did not serve the required six months to be eligible  for
the RVNCM.

HQ AFPC/DPPPR’s complete evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant provided further documentation in  response  to  the  Air
Force evaluation.

In support of his appeal, applicant provided a copy of TDY order in
support of Operation Greenleaf, effective 3 Feb 65 for 60 days.

Applicant’s complete response, with attachment, 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.  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  office  of  primary  responsibility  and  adopt   their
rationale as the basis for our conclusion that  the  applicant  has
not been the victim of an error or injustice.  The Board noted that
military members who served in Vietnam after July 1965 were awarded
the VSM, while prior to July 1965 they would have been awarded  the
AFEM for that period of  service.   Should  the  applicant  provide
further documentation to substantiate his eligibility for the  AFEM
and the RVNCM, we would be willing to reconsider his petition.   In
view of the above, 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 AFBCMR Docket  Number
BC-2006-01725 in Executive Session on 17 October  2006,  under  the
provisions of AFI 36-2603:

      Ms. Charlene M. Bradley, Panel Chair
      Ms. LeLoy W. Cottrell, Member
      Ms. Patricia R. Collins, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 May 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPPR, dated 27 Jul 06.
    Exhibit D.  Letter, SAF/MRBR, dated 8 Sep 06.
    Exhibit E.  Letter, Applicant, undated.




                                   CHARLENE M. BRADLEY
                                   Panel Chair

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