RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-01811
            INDEX CODE:  107.00
            COUNSEL:

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded all medals to which entitled, including but not  limited
to, the Air Force Commendation Medal (AFCM), the Combat Action  Ribbon
(CAR), the Presidential Unit Citation (PUC), and other  combat  action
awards, i.e., the Combat Readiness Medal (CRM)
_________________________________________________________________

APPLICANT CONTENDS THAT:

He earned these medals and they were omitted from his records.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 22 Aug  67,  for  a
term of four years, and was progressively promoted  to  the  grade  of
staff sergeant (E-5).  On 20 Jul 75, he was honorably discharged after
completion of term of service.  He served a total of eight years,  and
three days active duty service.

His DD Form 214, Report of Separation  from  Active  Duty,  issued  in
conjunction with his 21 Jul 71  reenlistment  reflects  award  of  the
National Defense Service Medal, and the Vietnam Service Medal, the Air
Force  Good  Conduct  Medal  (AFGCM).   The  DD  Form  214  issued  in
conjunction with his 20 Jul 75 separation reflects award of the  Small
Arms Expert Marksmanship Ribbon.

The AFCM was authorized by the Secretary of the Air  Force  on  28 Mar
58, for award to members of the Armed Forces of the United States who,
while serving in any capacity with the Air  Force  after  24  Mar  58,
shall have distinguished  themselves  by  meritorious  achievement  or
service.

The PUC is awarded to units of the Armed Forces of the  United  States
and cobelligerent nations for extraordinary heroism in action  against
an armed  enemy.   This  unit  must  have  displayed  such  gallantry,
determination, and esprit de corps in accomplishing its mission  under
extremely difficult and hazardous conditions to have set it apart  and
above other units participating in the same campaign.

The CRM is to be awarded to Air Force, Air Force Reserve  and  members
of other services after 1 Aug 60, for sustained individual  combat  or
mission readiness preparedness for  direct  weapon-system  employment.
Specifically,  a  service  member  must  meet  all  of  the  following
criteria; complete an aggregate 24 months  of  sustained  professional
performance as a member of Air Force  combat  or  mission-ready  units
subject to combat readiness reporting, or be individually certified as
combat or mission ready and have maintained individual  readiness  the
entire period according to a major  headquarters,  or  subject  to  an
individual  positional  evaluation  program  according  to  a   higher
headquarters standard.

The Combat Action Ribbon (CAR)  is  awarded  to  US  service  members,
operating under the control of the U.S. Navy, in  the  grade  of    0-
6, or below, who have  actively  participated  in  ground  or  surface
combat.  Upon submission of  evidence  to  their  commanding  officer,
personnel who earned the Combat  Infantryman  Badge  (CIB)  or  Combat
Medical Badge (CMB) while a  member  of  the  U.S.  Army  may  request
authorization to wear the CAR.

On 14 Aug 08, his records were administratively corrected  to  reflect
award of the Air Force Outstanding Unit Award  w/1  Oak  Leaf  Cluster
(OLC), the Republic of Vietnam Campaign Medal, the Republic of Vietnam
Gallantry Cross with Palm, the Air Force Good Conduct Medal  w/1  OLC,
and the Vietnam Service Medal w/2 Bronze Service Stars.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial of the applicant’s request for award  of
the AFCM, the PUC and the CRM.  DPSIDR states that after review of the
applicant’s master personnel records, there was nothing in his records
to verify his entitlement to the AFCM, the PUC or the CRM.  He did not
submit any documentation to  substantiate  his  entitlement  to  these
awards.  His records already reflect award of the NDSM.

The complete DPSIDR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
26 Sep 08, for review and comment 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 error or injustice.  After a thorough review  of  the
applicant’s submission and the available evidence of record, the Board
was not persuaded that he should be awarded the AFCM, the PUC  or  the
CRM.  In regards to the applicant’s request for the CAR, we note  that
it is only awarded to those service member who, while operating  under
the control of the Navy,  have  actively  participated  in  ground  or
surface combat, or earned the CIB or CMB while a member of  the  Army.
We find no evidence the applicant ever operated under the  control  of
the Navy or was an Army  member.   As  such,  he  does  not  meet  the
eligibility requirements for the award.  In view  of  this,  we  agree
with the opinion and recommendation of the Air Force office of primary
responsibility and adopt its rationale as the basis for our conclusion
the applicant 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  relief  sought  in  this
application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of a 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 Docket  Number  BC-2008-
01811 in Executive Session on 27 Jan 09, under the provisions  of  AFI
36-2603:

                 Mrs. Barbara A. Westgate, Panel Chair
                 Mr. Steven A. Cantrell, Member
                 Mr. Anthony P. Reardon, Member

The following documentary evidence was considered under Docket  Number
BC-2008-01811:

      Exhibit A. DD Form 149, dated 24 Apr 08.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Memo, AFPC/DPSIDR, dated 6 Aug 08.
      Exhibit D. Letter, SAF/MRBR, dated 26 Sep 08.






      BARBARA A. WESTGATE
      Panel Chair