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AF | BCMR | CY2007 | BC-2006-03859
Original file (BC-2006-03859.doc) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2006-03859
            INDEX CODE:  107.00
            COUNSEL:  None
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: Jun 23, 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His disapproved Air Force Commendation Medal (AFCM) be  reviewed  and  added
to  his  DD   Form   214,   Report   of   Separation   from   Active   Duty.
_________________________________________________________________

APPLICANT CONTENDS THAT:

The original submission may have understated  his  accomplishments  and  the
individual submitting the recommendation may not  have  been  aware  of  the
disapproval due to a permanent change of station.

In support of his request, the applicant has provided a personal  statement,
a copy of  the  AFCM  recommendation  and  disapproval  letter,  two  Airman
Performance  Reports  (APRs),  his  DD  Form  214,  and  his  DD  Form  215,
Correction to DD Form 214, Certificate of Release or Discharge  from  Active
Duty.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered active duty Air Force on  16  Apr  71.   He  served  3
years, 9 months, and 3 days.

The applicant was recommended for the AFCM for  meritorious  service  during
the period 18 Aug 72 to 8 Aug 73.  The decoration was  disapproved  for  not
meeting the requirements for  the  proposed  recommendation.   The  specific
reasons for disapproval were not released and only known  by  the  composite
membership of the Awards Board and the Commander, 13th Air Force.

He was awarded the Joint Service Commendation Medal (JSCM)  for  the  period
14 Aug 72 to 20 Oct 72.

During the period 18 Aug 72 to 8 Aug 73, the applicant  received  two  APRs.
They were both rated with “9” markings in all blocks.

The applicant was awarded  Superior  Performance  Proficiency  Pay  for  the
period 1 Jan 74 to 30 Jun 74.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  After a thorough review  of  the  applicant’s
military records and documents provided, a disapproved  AFCM  citation  with
inclusive dates of 18 Aug 72 to 8 Aug 73 was listed. However, the  applicant
has an approved JSCM.

AFI 36-2803, The Air Force Awards and Decorations Program,  paragraph  2.2.9
states, “award only one decoration for the same act, achievement, or  period
of service.”   The JSCM was awarded for the same inclusive period.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The decision made by 13th Air Force states the determination  regarding  the
decoration was not having met  the  requirements  for  the  AFCM.   However,
AFPC/DPPPR states there should be an award of only one  decoration  for  the
same act, achievement, or period  of  service  per  AFI  36-2803,  paragraph
2.2.9.

Upon further review  and  research  of  AFI  36-2803,  paragraph  2.4.3,  it
directs, “you may recommend an award for meritorious service at the  end  of
an assignment even if the  individual  received  an  award  for  outstanding
achievement during the time included in the recommendation; however, do  not
include previously recognized acts or achievements in the justification  for
the later award.”

The JSCM was awarded for meritorious achievement during  the  specific  time
period of 14 Aug 72 through 20 Oct 72.  No act or achievement cited  on  the
JSCM citation refers to or  duplicates  the  accomplishments  cited  in  the
citation for the AFCM. The applicant believes the findings of  the  OPR  are
incorrect.

There is no overlap of actions or references  to  any  of  the  achievements
recognized by the JSCM.  The JSCM recognized achievements  made  in  support
of the Republic of Vietnam and reporting operational  statistics  to  higher
headquarters.  The AFCM recognized meritorious service  at  the  end  of  an
assignment in preparation of U.S. tactical air fragmentary orders.  Each  of
these periods  of  recommendation  was  accomplished  in  a  different  duty
section and under different reporting officials. He served in two  different
command level roles,  with  Headquarters  7th  Air  Force  and  Headquarters
Military Assistance Command Vietnam (MACV).

The applicant states that to the best of his knowledge, MSgt J and Lt Col  S
were unaware of the JSCM.  While he was quite proud of the JSCM, it was  not
something he spoke of.

He believes that had they been aware of the  disapproval,  they  would  have
modified the dates to include only the period  he  was  under  their  direct
command  or  perhaps  requested  copies  of  the  JSCM   documentation   for
inclusion.

From post-service contact he made with  individuals  who  were  awarded  the
JSCM along with him, he was told that many  were  awarded  the  Bronze  Star
Medal, Meritorious Service Medal or Air Force Commendation Medal  (depending
on their  pay  grade),  upon  completion  of  their  tours  in  Vietnam  and
Southeast Asia.

The applicant included a copy of his certificate, citation, and  orders  for
the JSCM.  He also provided an  additional  copy  of  the  disapproved  AFCM
citation.

Applicant's complete response is at Exhibit D.

_________________________________________________________________

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. Sufficient relevant  evidence  has  been  presented  to  demonstrate  the
existence of error or injustice. The evidence of record  indicates  an  AFCM
was submitted but was disapproved for unknown reasons.  The  Board  majority
was convinced the rating chain  failed  to  see  the  applicant’s  JSCM  was
awarded specifically for his duty in Vietnam while the AFCM was for his  end
of tour of duty in Thailand.   In view of the foregoing,  we  recommend  the
applicant’s records be corrected as indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to  show  that  he  was  awarded  the  Air  Force
Commendation Medal on 5 October 1973, with  inclusive  dates  of  18  August
1972 to 8 August 1973.

_________________________________________________________________




The following members of the Board considered AFBCMR Docket Number  BC-2006-
03859 in Executive Session on 15 March 2007, under the provisions of AFI 36-
2603:

                  Ms. Charlene M. Bradley, Panel Chair
                  Mr. Gregory A. Parker, Member
                  Ms. Maureen B. Higgins, Member

By majority vote, Mr. Parker and Ms. Higgins voted to grant the  applicant’s
request for award of the AFCM.  Ms. Bradley voted to deny  the  request  but
elected not to submit a minority report.

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 12 Dec 06, w/atchs.
   Exhibit B.  Applicant’s Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, 29 Jan 07.
   Exhibit D.  Letter, SAF/MRBR, dated 2 Feb 07.
   Exhibit E.  Applicant’s Rebuttal, 8 Feb 07, w/atchs.



                                   CHARLENE M. BRADLEY
                                   Panel Chair


AFBCMR BC-2006-03859




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to XXXXXX, be corrected to show that he was awarded the Air Force
Commendation Medal on 5 October 1973, with inclusive dates of 18 August
1972 to 8 August 1973.



                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

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