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AF | BCMR | CY2007 | BC-2006-03541
Original file (BC-2006-03541.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2006-03541
            INDEX CODE:  107.00
            COUNSEL:  None
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: May 20, 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Air Force Commendation Medal (AFCM).
_________________________________________________________________

APPLICANT CONTENDS THAT:

He was an aircraft maintenance crew chief advisor  with  Detachment  4,  Air
Force Advisory Team 4, Soc Trang Air Base, Republic of Vietnam  from  1  Oct
70 to 28 Jul 71.  He states members  of  his  unit  received  the  AFCM  and
believes he has one coming.

In support of his request, the applicant provided a copy  an  AFCM  citation
and certificate awarded to a former member of his  unit  which  was  awarded
during the time he alleges he was assigned.

The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Air Force on 7 Mar 68  for  a  4-year  period.
The applicant’s DD 214 reflects he served a  total  of     4  years  with  2
months and 9 days as foreign service.

The applicant’s airman performance report closing out 14 Feb 71 reflects  he
was assigned to the 225th Helicopter Squadron (VNAF) at Soc Trang Air  Base,
Republic of Vietnam, as a MAAG helicopter mechanic.

The applicant’s DD 214 reflects he  is  entitled  to  the  National  Defense
Service Medal and the Vietnam  Service  Medal.   However,  after  review  by
AFPC/DPPRY, it was discovered the applicant is  also  entitled  to  the  Air
Force Outstanding Unit Award with Valor and one oak leaf  cluster,  the  Air
Force Good Conduct  Medal,  the  Air  Force  Longevity  Service  Award,  the
Republic of Vietnam Gallantry Cross with Palm, and the Republic  of  Vietnam
Campaign Medal.

_________________________________________________________________


AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial  of  the  applicant’s  request.   The  AFCM  is
awarded to members of the Armed Forces of the U.S.  who,  while  serving  in
any capacity with  the  Air  Force  after  24  Mar  58,  have  distinguished
themselves by meritorious achievement and  service.   The  AFCM  is  awarded
based on individual achievement and not to  the  unit.   Official  documents
verifying  the  applicant’s  entitlement  are  absent.   The  timeline   for
submitting  decorations  is  two  years  from  the  date  of  the   act   or
achievement.   However,  under  the  Fiscal  Year  1996   National   Defense
Authorization Act (NDAA), Section 526, which was enacted into law on 10  Feb
96,  this  timeline,  has   now   been   waived.    However,   the   written
recommendation must meet two criteria:

        - Made by someone, other than the member himself,  in  the  member’s
          chain of command at  the  time  of  the  incident,  and,  who  has
          firsthand knowledge of the acts or achievements; and


        - Submitted through a congressional member who can  ask  a  military
          service to review a proposal for a decoration based on the  merits
          of the proposal and the award criteria in existence when the event
          occurred.


The complete evaluation of AFPC/DPPPR is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:


A copy of the Air Force evaluation was forwarded to the applicant on 15  Dec
06 for review and comment within 30 days.  As of this date, this office  has
not received a response.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was timely filed.

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.   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 RECOMMENDS 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  2006-03541  in
Executive Session on 18 January 2007, under the provisions of AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Ms. Teri G. Spoutz, Member
      Ms. Mary C. Puckett, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Nov 06.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 30 Nov 06.
    Exhibit D.  Letter, SAF/MRBR, dated 15 Dec 06.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair

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