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AF | BCMR | CY2008 | BC-2007-03222
Original file (BC-2007-03222.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-03222
            INDEX CODE:  107.00
      XXXXXXX    COUNSEL:  NONE

                                           HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded  the  Airman's  Medal  (AMNM),  Air  Force  Achievement  Medal
(AFAM), Air Force Good Conduct Medal (AFGCM), Vietnam Service  Medal  (VSM),
Armed Forces Services Medal (AFSM),  Air  Force  Overseas  Ribbon-Long  Tour
(AFOSR-L), and the Air Force Training Ribbon (AFTR).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His DD Form 214, Armed Forces of the United States Report or Transfer,  does
not match up with his AF Form 7, Airman Military Record.

In support of his application, he provides a personal statement, a  copy  of
his NA Form 13059, Transmittal of and/or Entitlement to Awards,  a  copy  of
his DD Form 214, Armed Forces of the United States  Report  or  Transfer,  a
copy of his AF Form 7, Airman Military Record, copies of  his  AF  Form  75,
USAF Airman Performance Report, copies of AF Forms 77a, Supplemental  Sheet,
 and Air Force training certificates.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an  airman  basic  on  29
January 1962 for a period of four years. On          14 February  1966,  the
applicant was honorably discharged after serving 3 years, 11 months  and  27
days of total active duty.

On 30  January  2008,  AFPC/DPSIDR  corrected  the  applicant’s  records  to
reflect entitlement to the National Defense Service  Medal  (NDSM)  and  the
Small Arms Expert Marksmanship Ribbon (SAERMR) (Exhibit B).


_________________________________________________________________




AIR FORCE EVALUATION:

AFPC/DPSO  recommends  denial  and  states  that  after  a  review  of   the
applicant’s records, there is no documentation to show  his  entitlement  to
the remaining awards and medals requested.

AFPC/DPSIDR’s complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the Air Force evaluation and  states  he  disagrees  with
the portion of the evaluation that denied his entitlement to the  AFGCM  and
the VSM.  Regarding the VSM,  he  admits  he  never  served  in  country  in
Vietnam, but he notes the Air Force  advisory  mentions  the  airspace  over
Vietnam, Laos, Thailand, and Cambodia as qualifying  factors  for  award  of
the VSM.  In this regard, he states he served in  Guam  during  the  Vietnam
War where the B52 Bombers that dropped bombs  on  the  affected  areas  were
based.

Additionally, he points out DPSIDR’s parenthetical statement that  during  a
period of war, eligible members may qualify for  award  of  the  AFGCM  with
only one year of service versus  the  three  years  normally  required.   He
states he served longer than a year during the Vietnam War and is  therefore
eligible.

Applicant's 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 error or injustice.  We note that, on 30 January  2008,  DPSIDR
advised the  applicant  that  his  DD Form  214  had  been  administratively
corrected to reflect award of the National Defense  Service  Medal  and  the
Small Arms Expert  Marksmanship  Ribbon.   In  regards  to  the  applicant's
contention that he is entitled to the VSM  and  the  AFGCM,  we  agree  with
DPSIDR and adopt its rationale as the basis  for  our  conclusion  that  the
applicant has not been the victim of an error  or  injustice.   However,  in
his rebuttal submission, the applicant contends he is eligible for award  of
the AFGCM based on a statement by  DPSIDR  that  during  a  period  of  war,
members need only serve one year to qualify for  award  of  the  AFGCM.   We
note, in his case, that the one year of service must  have  been  served  in
Vietnam for him to have qualified.  He has  plainly  stated  that  he  never
served in Vietnam and is therefore not  eligible  for  award  of  the  AFGCM
under that  criterion.   Therefore,  in  the  absence  of  evidence  to  the
contrary, we find no compelling basis to recommend  granting  the  remaining
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-
03222 in Executive Session on 29 April 2008, under the provisions of AFI 36-
2603:

      Mr. Gregory A. Parker, Panel Chair
      Mr. James A. Wolffe, Member
      Mr. Joseph D. Yount, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20Sep 07, w/atchs.
    Exhibit B.  Letter, AFPC/DPSIDR, dated 30 Jan 08.
    Exhibit C.  Letter, AFPC/DPSIDR, dated 30 Jan 08.
    Exhibit D.  Letter, SAF/MRBR, dated 22 Feb 08.
    Exhibit E.  Applicant Response, dated 11 Mar 08.




                                   GREGORY A. PARKER
                                   Panel Chair

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