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AF | BCMR | CY2007 | BC-2007-00947
Original file (BC-2007-00947.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00947
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  29 SEPTEMBER 2008


_________________________________________________________________

APPLICANT REQUESTS THAT:

The applicant requests his records be corrected to  reflect  award  of
the Vietnam Service Medal (VSM) and the Air Force Expeditionary  Medal
(AFEM).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His  unit  was  recognized  for  their  support  in  these  operations
(Operation  EAGLE  PULL  (OEP),  Operation  FREQUENT  WIND  (OFW)  and
Mayaguez Operation (MO)).

In support of his appeal, applicant submitted  copies  of  leave  and
earning statements (LES), Air Force Forms 899 and extract  of  United
States Army Service Medals.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 26 May 1972, the  applicant  enlisted  in  the  Regular  Air  Force
(RegAF) as an airman basic (AB) for a period of four years.

The applicant’s records reflect he served  in  Thailand  from  11 June
1974 to 13 June 1975.

On 9 April 2007, AFPC/DPPPRA informed the applicant his entitlement to
the Air Force Outstanding Unit Award  with  Valor  and  one  Oak  Leaf
Cluster (AFOUA w/V & 1 OLC) had been verified and his DD Form 214 will
be updated.

The applicant was honorably released from active duty on 26  may  1976
in the grade of staff sergeant (SSgt).  He served  4  years,  2 months
and 19 days of active service

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the requested relief be denied.  They state  the
AFEM is awarded to servicemembers of the United  States  Armed  Forces
who, after 1 July 1958, have participated in a United States  military
operation and encountered foreign armed opposition, or were in  danger
of hostile action foreign Armed Forces and the VSM is awarded  to  all
servicemembers of the Armed Forces who  between  4 July  1965  and  28
March 1973, served in  the  following  areas  of  Southeast  Asia:  in
Vietnam and the contiguous waters and airspace, in Thailand,  Laos  or
Cambodia or the airspace thereof and in the direct support of military
operations in Vietnam.

They further state they were unable to  verify  the  applicant’s  unit
participated in the above operations to be eligible for award  of  the
AFEM.  The applicant must provide official military documentation that
verifies his unit participation in the operations OEP, OFW and MO.

Furthermore, the applicant is ineligible for the VSM because his  tour
in Thailand was after the inclusive time period for the VSM.

AFPC/DPPPR evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 20 April 2007, a copy of the Air Force evaluation was 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 an error or an injustice.   We  took  notice  of  the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and the recommendation of  the  Air
Force and adopt its rationale as the basis for our conclusion that the
applicant has not been the victim of an error or  an  injustice.   The
applicant requests he be awarded the VSM and the AFEM.  There  was  no
official or submitted documentation to verify the unit  the  applicant
served in participated in an operation that qualifed for award of  the
AFEM.   Furthermore,  the  applicant’s  records  reflect  he  was  not
assigned in Thailand during the time  period  required  for  the  VSM.
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 AFBCMR Docket Number BC-
2007-00947 in Executive Session on 14 June 2007 under  the  provisions
of AFI 36-2603:

                       Mr. James W. Russell III, Panel Chair
                       Ms. Glenda H. Scheiner, Member
                       Mr. Michael F. McGhee, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 22 Mar 07, w/atchs.
      Exhibit B. Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPR, dated 9 Apr 07.
      Exhibit D. Letter, SAF/MRBR, dated 20 Apr 07.




                             JAMES W. RUSSELL III
                             Panel Chair

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