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AF | BCMR | CY2006 | BC-2006-02975
Original file (BC-2006-02975 .DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-02975
                                             INDEX CODE:  107.00
      XXXXXXXXXXXXXXXXXXXXXXXXX         COUNSEL:  NONE

                                        HEARING DESIRED:  NOT INDICATED


MANDATORY CASE COMPLETION DATE:  1 Apr 2008


________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Air Force Commendation Medal with Valor (AFCM w/V).

________________________________________________________________

APPLICANT CONTENDS THAT:

The AFCM awarded to him was given to him in combat for the  job  he  did  in
combat.

In support of the appeal, applicant has  submitted  a  picture  of  himself,
alleged to have been taken while in the Republic of  Vietnam  (RVN),  and  a
Vietnam map.

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

________________________________________________________________

STATEMENT OF FACTS:

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.  Award of  the  “V”  device  for  a  contingency
deployment operation will be dependent on the AOR being declared  a  hostile
environment by the JCS, or hostile acts identified by the unified  commander
or higher authority.  Award of the “V” device is based solely  on  the  acts
or services of individuals who meet the basic  criteria  for  award  of  the
AFCM, and who are exposed to personal hazards due to direct  hostile  action
during a contingency deployment operation; however, award of the “V”  device
is authorized only for events or  situations  which  occurred  on  or  after
11 January 1996.

Applicant was awarded the AFCM for meritorious  service  while  assigned  to
the 632nd Supply Squadron, RVN, for the period 10 September 1967 to 11  July
1968.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial since a thorough search of applicant’s  records
cannot verify his entitlement to this award with the “V” device, as well  as
the fact that applicant received his AFCM for the period September  1967  to
July 1968.

The AFPC/DPPPR evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was  forwarded  to  the  applicant  on  17
November 2006, for review and comment, within 30 days.  However, 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  office  of  primary
responsibility and adopt its rationale as the basis for our conclusion  that
the applicant has not been the victim of an  error  or  injustice  since  he
received his AFCM for the period September 1967 to July  1968,  well  before
11 January 1996, the date established as the beginning eligibility date  for
award of the “V” device.  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  Docket  Number  BC-2006-02975
in Executive Session on 17 January 2007, under the  provisions  of  AFI  36-
2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Ms. Karen A. Holloman, Member
                       Mr. Wallace E. Beard, Jr., Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, undated, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 6 Nov 06.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Nov 06.





                                   THOMAS S. MARKIEWICZ
                                   Chair

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