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AF | BCMR | CY2009 | BC-2008-03197
Original file (BC-2008-03197.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-03107
            INDEX CODE:  107.0
            COUNSEL:  NONE
            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  records  be  corrected  to  reflect  he  was  awarded   the   following
decorations:

      1.  Air Force Commendation Medal with  one  Bronze  Oak  Leaf  Cluster
(AFCM w/1 BOLC).

      2.  Vietnam Service Medal (VSM).

      3.  Air Force Expeditionary Medal (AFEM).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His AFCM w/1OLC is not reflected on his DD Form 214, Certificate of  Release
or Discharge from Active Duty.  Also, he was never awarded the VSM  for  his
assignment in Guam where he performed aircraft maintenance on B-52  aircraft
and flew missions over Vietnam.

He has been barred from joining the Veterans of Foreign Wars  (VFW)  because
he does not have his VSM or AFEM on his DD Form 214.

In support of the application, the applicant submits his DD  Form  214,  his
retirement orders, and his AFCM w/1 OLC citation and award.

The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant was honorably retired in the grade of Technical Sergeant on 1  Aug
81.  He had served 20 years and 11 months  on  active  duty,  to  include  6
years, 3 months and 6 days of foreign service.

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

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSIDR recommends denial.

DPSIDR states no documentation exists in the  applicant’s  records  to  show
that he received the award of the AFCM w/1OLC.

The VSM is awarded to all service members  who  between  July  4,  1965  and
March 28, 1973, served in the following areas of  Southeast  Asia:   Vietnam
and the contiguous waters and airspace; in Thailand, Laos,  or  Cambodia  or
the airspace thereof and in the direct support  of  military  operations  in
Vietnam.  There is no evidence that the applicant had “boots on the  ground”
in Vietnam, Thailand, Laos or  Cambodia.   Applicant’s  record  only  states
that he worked in direct support of the ARC Light mission.

The AFEM is awarded to members who  after  July  1,  1958,  participated  in
military operations and encountered foreign armed  opposition,  or  were  in
danger  of  hostile  action  by  foreign  armed   forces.    There   is   no
documentation in the applicant’s records to verify his  entitlement  to  the
AFEM.

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 16  Jan
09 for review and comment within 30 days.  As of this date, this office  has
received no response (Exhibit D).

_________________________________________________________________

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. Sufficient relevant  evidence  has  been  presented  to  demonstrate  the
existence of error or injustice in regards to the  applicant’s  request  for
the Air Force Commendation Medal with First Oak Leaf Cluster.  We found  the
documentary evidence provided by the applicant  sufficient  to  persuade  us
that he was a recipient of the aforementioned award.  However,  he  has  not
provided sufficient relevant evidence in regards  to  his  request  for  the
Vietnam Service Medal and the Air Force Expeditionary Medal.  Therefore,  we
recommend the applicant’s records be corrected only to the extent  indicated
below.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issue  involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to  show  that  he  was  awarded  the  Air  Force
Commendation Medal, First Oak  Leaf  Cluster  (AFCM  1OLC)  for  meritorious
service on 18 December 1981.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2008-
03107 in Executive Session on 3 March 2009, under the provisions of AFI  36-
2603:

                  Mr. James W. Russell, III, Panel Chair
                  Ms. Janet I. Hassan, Member
                  Mr. Keith N. Eden, Member

The following documentary evidence was considered:


   Exhibit A.  DD Form 149, dated 20 Aug 08, w/atchs.
   Exhibit B.  Applicant’s Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPSIDR, 15 Jan 09.
   Exhibit D.  Letter, AFBCMR, dated 16 Jan 09.



                                   JAMES W. RUSSELL, III
                                   Panel Chair


AFBCMR BC-2008-03170


MEMORANDUM FOR THE CHIEF OF STAFF


      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of
Section 1552, Title 10, United States Code (70A Stat 116), it is directed
that:

      The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that he was awarded the Air
Force Commendation Medal, First Oak Leaf Cluster (AFCM 1OLC) for
meritorious service on 18 December 1981.





  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency





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