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AF | BCMR | CY2009 | BC-2008-03477
Original file (BC-2008-03477.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-03477
            INDEX CODE:  107.00
            COUNSEL: NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  He be awarded the Presidential Unit Citation (PUC), the Philippine
Republic Presidential Unit Citation (PRPUC), the Air Force Outstanding
Unit Award (AFOUA), the Korean Defense Service Medal (KDSM),  and  the
Republic of Vietnam Campaign Medal (RVNCM).

2.  He  be  awarded  the  Armed  Forces  Expeditionary  Medal  (AFEM).
(Administratively Corrected and he has the option to exchange the AFEM
for the Vietnam Service Medal).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He earned the requested medals and they were omitted from his records.

In support of the application, the applicant provides a statement from
a former airman and excerpts from his military personnel records.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 15 Jun  61,  for  a
term of four years, and was progressively promoted  to  the  grade  of
airman second class (E-3).  On 14 Jun 65, he was honorably  discharged
for expiration of term of service.  He served a total of four years of
active service.

His records do not reflect award of the requested medals.

On 14 Oct 08, AFPC/DPSIDR verified his entitlement to the AFEM.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial.  DPSIDR indicates that after review  of
the applicant’s master personnel records, they were unable  to  verify
the applicant’s assigned unit or temporary duty unit received the PUC,
PRPUC, AFOUA, during the timeframe he served.

Eligibility for award of the KDSM requires that individuals must  have
been assigned, attached or mobilized to units operating  or  servicing
on all the land area of the Republic  of  Korea,  and  the  contiguous
waters out to 12 nautical miles, and all airspace above Korea and  its
water areas.  Personnel must have been assigned for 30 consecutive  or
60 nonconsecutive days.  The DoD confirmed that he served 10  days  in
Korea, which makes him ineligible for award for the KDSM.

The VSM is awarded to all service members  of  the  Armed  Forces  who
between 4 July 65 and 28 Mar 73, served  in  the  following  areas  of
Southeast Asia: in 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.  The  applicant  served  in
Southeast Asia in 1962-1963 which makes him ineligible  for  award  of
the VSM.  However, he is entitled to the AFEM  and  may  exchange  his
AFEM for the VSM.

Award of the RVNCM requires personnel to serve for six months in South
Vietnam  during  the  period  1  March  1961  to  28  Mar  1973.   The
Directorate of Assignments confirmed the applicant served for 125 days
in Southeast Asia, which makes him ineligible for award of the RVNCM.

The complete DPSIDR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response, the applicant refers the Board to  the  documentation
submitted in support of his application for correction of his military
records.

The applicant’s complete response, with attachment, is at Exhibit E.

_________________________________________________________________

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.  The Board notes the  applicant’s
records were administratively corrected to reflect award of  the  AFEM
and he may exchange the AFEM for the Vietnam Service  Medal  since  no
service member is entitled to both  awards  for  the  same  operation.
However, 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 additional relief.  In view of the above,  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.
Therefore, in the absence of evidence to  the  contrary,  we  find  no
compelling basis to recommend granting  additional  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-
03477 in Executive Session on 17 Sep 09, under the provisions  of  AFI
36-2603:

                 Ms. Charlene M. Bradley, Panel Chair
                 Mr. Steven A. Cantrell, Member
                 Mr. Alan A. Blomgren, Member

The following documentary evidence was:

      Exhibit A. DD Form 149, dated 15 Sep 08, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPSIDR, dated 30 Oct 08.
      Exhibit D. Letter, SAF/MRBR, dated 7 Nov 08.
      Exhibit E. Letter, Applicant, dated 12 Feb 09, w/atchs.






      CHARLENE M. BRADLEY
      Panel Chair

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