RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03132
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214 Armed Forces of the United States Report of
Transfer or Discharge be corrected as follows:
1. Show his pay grade as E-5 versus E-4 in item 5b.
2. He be awarded the Vietnam Service Medal with 1 Bronze
Service Star (VSM W/1BSS). ADMINISTRATIVELY CORRECTED
3. He be awarded the Presidential Unit Citation (PUC)
4. His DD Form 214 be corrected to show 11 months of Foreign
and/or Sea Service. ADMINISTRATIVELY CORRECTED
________________________________________________________________
APPLICANT CONTENDS THAT:
His DD Form 214 does not reflect the correct awards or length of
overseas service and lists an erroneous pay grade.
In support of his request, the applicant provides a personal
statement with two excerpts of the history of 509th Bombardment
Wing, his DD Form 214, copies of DD Form 1352-2 Travel Voucher,
and documents extracted from his military personnel records.
The applicants complete submission, with attachments, is at
exhibit A.
_________________ ______________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Regular Air Force who
served from 20 April 1966 to 19 February 1970. He was trained
and served as an Aircraft Mechanic Journeyman and was
progressively promoted to the rank of Staff Sergeant (SSgt) with
a pay grade of (E-4) effective 1 January 1970.
The applicant was released from active duty with an honorable
characterization of service. He served 3 years, and 10 months on
active duty.
The applicants DD Form 214 does not reflect that he was awarded
a VSM W/1BSS or PUC.
By letter dated 14 September 2011, AFPC/DPAPP advised the
applicant they were able to verify and confirm his Foreign
and/or Sea Service at Anderson AFB, Guam, as well as temporary
duty (TDY) to Kadena Air Base, Okinawa and Chin Chuan Kang Air
Base, Taiwan for a combined total foreign service of 0 years, 11
months, and 28 days.
By letter dated 11 October 2011, AFPC/DPSIDRA advised the
applicant they had verified his entitlement to the VSM w/BSS,
the Air Force Outstanding Unit Award with Valor (AFOUA w/V), and
the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P).
The applicants record will be updated to reflect these awards
and decorations. Unfortunately, after a thorough review of Air
Force Pamphlet 900-2, they were unable to verify that any of the
applicants assigned units overseas received the PUC during his
period of assignment. Therefore he is ineligible for award of
the PUC.
_______________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOE recommends the applicants request to reflect his
grade as SSgt be time barred. A review of the applicants record
reveals no orders promoting him to the grade of SSgt. His Air
Force Form 7 reflects no entry in the grade data section
promoting him to the grade of SSgt. They were unable to verify
whether the applicant was considered for promotion to SSgt under
the Weighted Airman Performance System (WAPS) as promotion
history files are only maintained for a period of 10 years as
outlined in, then, Air Force Regulation (AFR) 4-20, Records
Disposition Schedule, Table 35-12, Rule 29. Ten years is
generally considered an adequate period to resolve any promotion
inquiries or concerns. However, based on his Date of Rank (DOR)
to the rank of Sergeant (Sgt), as well as other minimum
criteria, the applicant was eligible for consideration.
The complete DPSOE 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 23 November 2011 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 with regard to the
applicants request for award of the PUC. We took notice of the
applicant's complete submission in judging the merits of the case;
however, 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 injustice. Therefore, in the absence of evidence
to the contrary, we find no basis to recommend granting a portion
of the relief sought in this application.
4. Notwithstanding our determination above, sufficient relevant
evidence has been presented to demonstrate the existence of error
or injustice regarding his request to show his pay grade as E-5
versus E-4 on his DD Form 214. The applicant contends that his DD
Form 214 reflects a DOR of 1 January 1970, a rank of Staff
Sergeant (SSgt) but reflects an incorrect pay grade of E-4. After
a review of the evidence of record and the applicants complete
submission we believe that relief is warranted. The Board notes
that the Air Force office of primary responsibility states that
based on the applicants DOR to the rank of Sgt as well as other
minimum eligibility criteria; it appears the applicant was
eligible for consideration for promotion to the next higher grade.
We also note that his AF Form 7 reflects his DOR to the rank of
Sgt with pay grade of E-4 as 1 January 1968. Therefore, we
believe it is reasonable that he might have attained a promotion
to SSgt. As such, we find the evidence sufficient to resolve any
doubt in his favor. We note the applicants record will be
administratively corrected to reflect the correct foreign service
and his award of the VSM W/1BSS. Therefore, we recommend his
record be corrected to the extent indicated below.
________________________________________________________________
THE BOARD DETERMINES THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT be corrected to
show that he was discharged on 19 February 1970, with a pay
grade of E-5, rather than E-4.
________________________________________________________________
The following members of the Board considered this application
BC-2011-03132 in Executive Session on 24 January 2012, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 August 2011, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOE, dated 14 November 2011.
Exhibit D. Letter, SAF/MRBR, dated 23 November 2011.
Panel Chair
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