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AF | BCMR | CY2008 | BC-2007-02624
Original file (BC-2007-02624.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-02624
                       INDEX CODE:  107.00
                       COUNSEL:  NONE

                       HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect  he  was  awarded  the  Air  Force
Commendation Medal (AFCM).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was awarded the AFCM for  service  performed  in  the  Republic  of
Vietnam for the period 25 Feb 67 through 15 May 68.  The award is  not
on his DD Form 214.

In support of his application, he provided a copy of his DD Forms 214,
Certificate of Release of Discharge from Active Duty, and citation for
the AFCM.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 21 Jun  66,  for  a
period of four years.  His records reflect he served in  Vietnam  from
28 Nov 66 through 3 Jul 68.  He was honorably discharged on 29 Oct 71.
 He served five years, four months, and nine days on active duty.

On 15 Oct 07, AFPC/DPSIDR informed the applicant  his  entitlement  to
the Presidential Unit Citation, the Air Force Outstanding  Unit  Award
with Valor, the Republic of Vietnam  Gallantry  Cross  with  Palm  and
three Bronze Service Stars, and the Vietnam  Service  Medal  had  been
verified and his records will be corrected administratively.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSIDR recommends denial of his request for award of the AFCM.
 DPSIDR states without the required  special  order  to  validate  his
request, his entitlement to the award cannot be verified.

The AFPC/DPSIDR complete evaluation at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
26 Oct 07, 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 office of primary responsibility and adopt its rationale as  the
basis for our conclusion that the applicant has failed to sustain  his
burden of proof that he  has  been  the  victim  of  an  error  or  an
injustice with respect to his request for the AFCM.   However,  should
the applicant provide  official  documentation  in  the  form  of  the
special order, sealed citation, or signed certificate awarding him the
AFCM, we would  be  willing  to  review  the  materials  for  possible
reconsideration.   In  the  absence  of  such  evidence,  we  find  no
compelling basis to recommend granting the additional relief sought.

_________________________________________________________________

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-
2007-02624 in Executive Session on 6 Feb 08, under the  provisions  of
AFI 36-2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Ms. Mary Jane Mitchell, Member
                       Ms. Mary C. Puckett, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 16 Aug 07, w/atchs.
      Exhibit B. Applicant's Master Military Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPSIDR, dated 15 Oct 07.
      Exhibit D. Letter, SAF/MRBR, dated 26 Oct 07.




                             THOMAS S. MARKIEWICZ
                             Chair

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