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AF | BCMR | CY2009 | BC 2009 00021
Original file (BC 2009 00021.txt) Auto-classification: Denied

RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2009-00021
		COUNSEL:
		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded:

	a. The Air Medal (AM).

	b. The Combat Readiness Medal (CRM).

	c. The National Defense Service Medal (NDSM) (administratively corrected).

	d. The Vietnam Service Medal (VSM).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He flew into and out of Vietnam shuttling supplies, weapons and troops.  He has been awarded service connection for Agent Orange.

In support of his request, applicant provides a copy of his DD Form 214, (Certificate of Release or Discharge from Active Duty), and a copy of printouts from Medals of America.

His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 4 January 1962.  He was progressively promoted to the grade of airman first class (E-4), having assumed that grade effective and with a date of rank of 1 October 1964.  He was discharged from the Air Force on 3 January 1966.  He served 4 years on active duty.

The remaining relevant facts pertaining to this application, extracted from the applicant’s available military records, are contained in the letter prepared by the appropriate offices of the Air Force at Exhibit C and D.

_________________________________________________________________


AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial of the AM, CRM, and VSM.  DPSIDR states they were able to verify the applicant’s entitlement to the NDSM; however, they were not able to verify his entitlement to the AM, CRM, or VSM.  Listed below is the criterion for the awards in question:

	a. The AM is awarded to any person who, while serving in any capacity with the Armed Forces of the United States, subsequent to 8 September 1939, distinguishes himself or herself by heroic or meritorious achievement while participating in an aerial flight.

	b. The CRM is awarded to U.S. Air Force, U.S. Air Force Reserve service members, and service members of other Services after 1 August 1960, for sustained individual combat or mission readiness or preparedness for direct weapon-system employment.  Specifically, a service member must meet all of the following; 1) Member of a unit subject to combat readiness reporting, 2) Individually certified as combat and/or mission ready and been subjected to a continuous individual positional evaluation program, according to a major command or higher headquarters standards, and 3) Complete 24 months of sustained combat and/or mission readiness with no more than a 120 calendar-day break.

	c. The VSM is awarded to all members of the Armed Forces of the United States serving at any time between 4 July 1965 and 28 March 1973, in Vietnam and the contiguous waters or airspace there over, Thailand, Laos, or Cambodia or the airspace there over, and in direct support of operations in Vietnam.

The DPSIDR complete evaluation is at Exhibit C.

AFPC/DPAPP recommends denial of the AM, CRM, and VSM.  DPAPP states the applicant has not provided appropriate documentation to validate his request.  DPAPP was able to verify the applicant was TDY in June 1964 for 60 days; however, the location is unknown.  In a letter dated 10 February 2009, DPAPP asked the applicant for additional information; however, he did not respond to their request within the agreed time. 

The DPAPP complete evaluation is at Exhibit D. 

_________________________________________________________________








APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluation were forwarded to the applicant on 17 July 2009 for review and comment within 30 days.  As of this date, this office has received no response.

_________________________________________________________________

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 with regard to the applicant’s request for award of the AM, CRM and VSM.  However, we note the Air Force office of primary responsibility has agreed to administratively correct the applicant’s record to reflect award of the NDSM.  Inasmuch as he has not provided any documentary evidence to substantiate his claim that he was recommended for, or awarded, the AM and CRM; or, that he served time in or participated in drop missions in Vietnam to qualify for the VSM, we agree with the opinion and recommendation of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion that relief beyond that already granted administratively is not warranted.  Therefore, we find no basis to favorably consider 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-2009-00021 in Executive Session on 25 August 2009, under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member


The following documentary evidence for Docket Number BC-2009-00021 was considered:

    Exhibit A.  DD Form 149, dated 28 December 2008, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSIDR, dated 23 June 2009.
    Exhibit D.  Letter, AFPC/DPAPP, dated 28 May 2009.
    Exhibit E.  Letter, SAF/MRBR, dated 17 July 2009.




                                   Panel Chair

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