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AF | BCMR | CY2008 | BC-2007-01239
Original file (BC-2007-01239.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01239
                       INDEX CODE:  107.00
                       COUNSEL:  NONE

                       HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect award of the Republic  of  Vietnam
Campaign Medal (RVGCM), Air Force Outstanding Unit Award  (AFOUA)  and
the Air Force Longevity Service Award (AFLSA).

_________________________________________________________________

APPLICANT CONTENDS THAT:

The Vietnam medals are not reflected on his DD Form  214.   A  veteran
agent told him he should have received the AFLSA for his time  in  the
service.

He wants to appeal the decision  for  award  of  the  AFLSA  based  on
legitimate circumstances that  occurred  over  forty  years  ago.   He
further states he understands the criteria for award of the AFLSA.

In  support  of  his  request,  the  applicant  provided  a   personal
statement, a copy of his DD Form 214, an award certificate, a copy  of
a DD Form 215 and a letter from AFPC/DPSIDR.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s DD Form 214 reflects he served on active duty  from  3
Jan 63 through 12 Dec 66.  He is credited with 3 years, 11 months  and
10 days of active service with 1 year and 3 days of foreign service.

On 14 May 07, a DD Form 215 was issued adding the AFOUA with  one  Oak
Leaf Cluster, the Republic of Vietnam Campaign  Medal  (RVNCM)and  the
Republic of Vietnam Gallantry Cross with Palm (RVNGC W/P)  to  his  DD
Form 214.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSIDR recommends denying the request for award of the  AFLSA.
AFPC/DPSIDR states  the  AFLSA  is  awarded  to  service  members  who
completed four years of honorable active or reserve  military  service
with any branch of  the  United  States  Armed  Forces.   His  records
indicate he served less than four years of honorable service.

The complete HQ AFPC/DPSIDR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states he was good
enough to be the only person in his unit to be selected for staff  car
duty, chauffeuring generals, a state governor and foreign dignitaries.
He was good enough to receive nothing less than outstanding ratings in
all of his performance reports.  He was good enough to be selected  as
the only airman in his unit to be cleared for a  top  secret  security
clearance for access to the Base Command Post for  daily  unit  status
reports.  He was good enough to get promoted to  airman  first  class.
He was good enough to receive the Good Conduct  Medal.   He  was  good
enough to be sent to Southeast Asia at the onset of the  Vietnam  War.
He was good enough to receive an honorable discharge, but because  the
Air Force decided to send him home three weeks  before  his  discharge
date, he cannot show he served what  was  required  of  him  by  being
awarded the AFLSA.  He believes  his  service  to  his  country  meant
absolutely nothing to the Air Force.

His complete response 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 an error or an  injustice  warranting  award  of  the
AFLSA.  We took notice  of  the  applicant's  complete  submission  in
judging the merits of the case; however, because the applicant did not
serve for the period of time required for award of the AFSLA, we agree
with the opinion and the recommendation of the  Air  Force  office  of
primary responsibility and adopt its rationale as the  basis  for  our
conclusion that he  has  not  been  the  victim  of  an  error  or  an
injustice.  Therefore, in the absence of evidence to the contrary,  we
find no compelling basis to recommend granting the  additional  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  this  application  in  Executive
Session on 27 Feb 08, under the provisions of AFI 36-2603:

                       Mr. Michael J. Maglio, Panel Chair
                       Ms. Dee R. Reardon, Member
                       Ms. Josephine L. Davis, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 9 Apr 07, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPSIDR, dated 11 Dec 07.
      Exhibit D. Letter, SAF/MRBR, dated 4 Jan 08.
      Exhibit E. Letter, Applicant, dated 18 Jan 08.




                             MICHAEL J. MAGLIO
                             Panel Chair

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