RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-01355
            INDEX CODE:  107.00
            COUNSEL: NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  He be awarded the Armed Forces Expeditionary Medal  for  Cuba,  the  Air
Force Overseas Ribbon-Long (AFOR-L), the Republic of  Vietnam  Civil  Action
Medal, and the Republic of Vietnam Campaign Medal (RVCM).

2.  He be awarded the Air Force Good Conduct  Medal,  the  National  Defense
Service  Medal,  and   the   Korean   Defense   Service   Medal   (Will   be
administratively corrected).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He earned the requested medals and they are not reflected in his records.

In support of the appeal, the applicant provides 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 7 Jun 61, for a  term  of
four years, and was progressively promoted to  the  grade  of  airman  first
class (E-4).  On 23 Mar 65, he was honorably discharged for the  convenience
of the government.  He served a total of 3 years, 9 months, and 17  days  of
active service.

On 9 Dec 69, the AFEM was deleted from his records and the  Vietnam  Service
Medal was added.

On 20 May 09, AFPC/DPSIDR verified his entitlement to the  KDSM,  AFGCM  and
the NDSM.

The AFEM is awarded to members of the United States Armed Forces who,  after
1 Jul 58, have participated  in  a  United  States  military  operation  and
encountered foreign armed opposition, or were in danger  of  hostile  action
by foreign armed forces.

In accordance with DoD Manual 1348.33-M:6-7, Manual of Military  Decorations
and Awards, you must be engaged in direct support  for  30 consecutive  days
in the area of  operations  or  for  60 nonconsecutive  days  provided  this
support involves entering the area of operation.

The AFOSR-L is awarded to Air Force members credited with completion  of  an
overseas tour on or after 1 Sep 80.  Air Force members serving as of  6  Jan
86 or later, are entitled to reflect all Air Force overseas  tours  credited
during their career.

The RVNCM is awarded to members of the Armed Forces  of  the  United  States
who served for six months in South Vietnam, during the period 1  Mar  61  to
28 Mar 73.

The Republic of Vietnam  Civil  Actions  Medal  is  a  decoration  of  South
Vietnam, first established in 1964.  It was awarded to  any  member  of  the
Vietnamese military who performed outstanding civic service to the state  or
who participate  in  civil  service  action  of  significant  benefit.   The
Republic of Vietnam Civil Actions Medal was  awarded  in  two  classes,  the
first class intended for commissioned officers and the second  for  enlisted
personnel.  It was awarded most often to United States  Marine  corps  which
had participated in  local  police  actions  to  suppress  civil  unrest  in
certain areas of South Vietnam.

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AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial of the applicant’s request for  award  of  the
AFEM, AFOR-L, RVCM and the Republic of Vietnam Civil Action Medal.

DPSIDR indicates the applicant separated from the Air Force before the AFOR-
L was authorized and he is  not  eligible  for  this  award.   The  AFEM  is
awarded for service in Cuba from 24 Oct 62 to 1 Jun 63.  They are unable  to
verify the applicant being in Cuba during the inclusive period for award  of
the AFEM.

DPSIDR is also unable to verify his entitlement to the RVCM.   AF Form  626,
Temporary  Duty  Order,  shows  the  applicant  deploying  from  Clark   AB,
Philippines to Da Nang AB, Vietnam, for approximately 59  days.   No  travel
voucher or any other supporting documentation was  located  or  provided  by
the applicant to support the  number  of  days  he  spent  in  Da  Nang  AB,
Vietnam.

The Republic of Vietnam  Civil  Actions  Medal  is  a  decoration  of  South
Vietnam, first established in 1964.  It was awarded most  often  to  members
of the United States Marine Corps  who  had  participated  in  local  police
actions to suppress civil unrest in certain areas of South Vietnam.   It  is
not an award authorized or issued by the United States Air Force.

The complete DPSIDR evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He agrees with the advisory opinion that he is not  eligible  for  award  of
the AFOR-L.  He was engaged in direct support of military operations for  30
days in the theatre of operations  logistically  and  with  orders  via  the
4505th Air Refueling Wing.  He believes he meets the criteria for  award  of
the AFEM for Cuba and is entitled to this award.

His DD Form 215, Correction to DD Form  214,  Armed  Forces  of  the  United
States Report of Transfer  or  Discharge,  reflects  award  of  the  Vietnam
Service Medal.  He  has  provided  additional  documentation  to  prove  his
support time to be at least 111 days with intermediate time based  at  Clark
AB, Republic of the Philippines.  He served additional time in  Vietnam  and
is entitled to the RVCM.

In regard to the Vietnam Civil Action Medal  (the  Republic  of  Vietnam  2c
Medal for enlisted personnel), Aircraft of the 509th were  in  direct  civil
service for defense  purposes  of  North  Vietnamese  fighter  aircraft  and
bombers.  Vietnamese officers were  in  their  area  constantly  and  he  is
deserving of the Civil Action 2c Medal.

The applicant’s complete response, with attachments, 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 regarding his request for award of the AFOR-
L, the Republic of Vietnam Civil Action Medal, or  the  RVCM.   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 his request.

4.    We note the applicant’s records will be administratively corrected  to
reflect award of the AFGCM, the NDSM, and the KDSM.   Therefore,  in  regard
to this request no further action by this Board is necessary.

_________________________________________________________________

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-2009-01355
in Executive Session on 28 Oct 09, under the provisions of AFI 36-2603:

      Mr. -------------, Panel Chair
      Mr. -------------, Member
      Ms. -------------, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 4 Apr 09, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPSIDR, dated 20 May 09.
      Exhibit D. Letter, SAF/MRBR, dated 2 Jun 09.
      Exhibit E. Letter, Applicant, dated 15 Jun 09, w/atchs.






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      Panel Chair