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AF | BCMR | CY2009 | BC-2008-02986
Original file (BC-2008-02986.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-02986
            INDEX CODE:  107.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He  be  awarded  the  Presidential  Unit  Citation  (PUC),  the  Air   Force
Outstanding Unit Award (AFOUA),  and  the  Small  Arms  Expert  Marksmanship
Ribbon (SAEMR).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was entitled to and should have received  the  PUC,  the  AFOUA  and  the
SAEMR.  A newspaper article states that he was recognized  for  helping  his
unit  earn  the  AFOUA.   The  unit  received  the  AFOUA  for   exceptional
meritorious achievement while serving  in  combat  operations  in  Southeast
Asia.

In support of his request,  the  applicant  provided  a  newspaper  article,
several permanent change of station orders, a DD Form  214,  and  a  reserve
assignment order.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant served in the Regular Air  Force  for  three  years  and  four
months.  On 17 February 1969, he was honorably discharged from  the  Regular
Air Force and then transferred to the  Obligated  Reserve  Section,  Reserve
Component, for the remainder of his military service obligation.

The PUC is awarded for extraordinary heroism  in  action  against  an  armed
enemy on or after 7 December  1941.   The  unit  must  have  displayed  such
gallantry, determination, and esprit de corps in accomplishing  its  mission
as to set it apart from and above other  units  participating  in  the  same
campaign.
_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDR verified  his  entitlement  to  the  AFOUA  with  one  Oak  Leaf
Cluster; DPSIDR will update his record.

DPSIDR recommends denial of his request  for  the  PUC  and  SAEMR.   DPSIDR
states that the applicant's units of assignment were  not  awarded  the  PUC
during the period of 1965 to 1969, and there is  no  documentation  to  show
that he received the SAEMR.

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  19
September 2008 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.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the case.  However, we are  not
persuaded by the evidence provided by the applicant that he is  entitled  to
the  PUC  or  the  SAEMR.   Therefore,  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 that  the  applicant  has  not
been the victim of an error or injustice.  In the  absence  of  evidence  to
the contrary, we find no compelling  basis  to  recommend  granting  further
relief  that  that  which  has  been  administratively  corrected  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-2008-
02986 in Executive Session on 23 October 2008, under the provisions  of  AFI
36-2603:

      Mr. Thomas E. Markiewicz, Panel Chair
      Mr. Elwood C. Lewis III, Member
      Mr. Kurt R. LaFrance, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 July 2008, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSIDR, dated 3 September 2008.
    Exhibit D.  Letter, SAF/MRBR, dated 19 September 2008.




                                   THOMAS E. MARKIEWICZ
                                   Chair

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