RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-00668
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect award of the Air Force Outstanding Unit Award (AFOUA), the Republic of Vietnam Gallantry Cross (RVGC), the Air Force Good Conduct Medal (AFGCM), the Republic of Vietnam Campaign Medal (RVCM), the Small Arms Expert Marksmanship Ribbon (SAEMR) and any other medals he is entitled to receive.
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APPLICANT CONTENDS THAT:
He was informed by fellow service members after he left military service that he was eligible for these medals for his service in Guam. He also was awarded the marksmanship ribbon after he completed basic training.
In support of his request, the applicant provided copies of documents extracted from his military records.
The applicant's complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:
The applicants DD Form 214 reflects he served on active duty from 13 Apr 66 through 12 Feb 70. He is credited with 3 years and 10 months of active duty service with 11 months of foreign service/SEA service.
On 14 May 09, DPSIDR informed the applicant that his entitlement to the AFOUA w/3 OLCs, AFGCM and RVGC w/P was verified and that his DD Form 214 would be updated.
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AIR FORCE EVALUATION:
HQ AFPC/DPSIDR recommends denial for award of the RVCM and the SAEMR. Based on the award criteria the applicant was not in the area of eligibility for award of the RVCM. There was no documentation located in his personnel records or provided by him authorizing the SAEMR.
The HQ AFPC/DPSIDR complete evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the Air Force evaluation and states based on his research of the units he was assigned and the timeframe he was assigned he should have received 14 unit awards, 3 RVGC w/P and 2 AFOUA's with Valor.
The applicant's complete response is at Exhibit E.
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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 RVCM and the SAEMR. 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 of the existence of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application. The applicant's request for award of the AFOUA w/ 3 OLCs, AFGCM and the RVGC w/P has been administratively corrected; therefore, action by this Board is not required.
4. With regard to the applicant's request that all awards he may be authorized be updated, we note that in 2002 and 2004, DPSIDR advised the applicant he would have had to serve in Vietnam, Cambodia, Thailand or Laos between 8 Jul 65 and 28 Mar 73 to qualify for the Vietnam Service Medal. He was further advised that Guam was not an approved area for award of the Air Force Expedtionary Medal. Therefore, we are in agreement with their assessment on this matter and do not find any further relief is warranted.
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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.
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The following members of the Board considered AFBCMR Docket Number BC-2009-00668 in Executive Session on 21 Ju1 09 under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149s, dated 16 Feb & 9 Apr 09, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSIDR, dated 11 May 09.
Exhibit D. Letter, SAF/MRBR, dated 2 Jun 09.
Exhibit E. Letter, Applicant, dated 15 Jun 09, w/atchs.
Panel Chair
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