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AF | BCMR | CY2012 | BC-2012-03900
Original file (BC-2012-03900.txt) Auto-classification: Denied
        RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-03900	

		COUNSEL:  NONE

		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

1.  He be awarded the following awards and decorations:

		a.  Good Conduct Medal (GCM)  

		b.  Air Force Longevity Service Award (AFLSA)  

		c.  Presidential Unit Citation with Bronze Oak Leaf Cluster   
        (PUC w/1BOLC)

2.  He be promoted to the rank of Airman First Class, A1C, E-4.  

________________________________________________________________

APPLICANT CONTENDS THAT:

1.  He was promoted to A1C in Vietnam but he never received the 
promotion orders.  

2.  He served honorably from 16 October 1961 to 16 October 1967 
and served a year in Vietnam from January 1964 to January 1965.  
His DD Form 214, Armed Forces of the United States Report of 
Transfer or Discharge, Item 26, Decorations, Medals, Badges, 
Commendations, Citations, and Campaign Ribbons Awarded or 
Authorized   states N/A, (not applicable).  

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

________________________________________________________________

STATEMENT OF FACTS:

1.  The applicant is a former member of the Regular Air Force 
who served from 17 October 1961 to 2 February 1965 and was 
released from active duty with an honorable characterization of 
service.  His Reserve obligation terminated on 16 October 1967.  

2.  Based on AFPC/DPSID review of the applicant's official 
military personnel record, they were able to determine the below 
Air Force Medals and/or Ribbons should have been awarded during 
his service from 17 October 1961 to 2 February 1965 and were not 
reflected in his records.  Administrative correction of the 
applicant's official military personnel record will be completed 
by AFPC/DPSOY.  

	a.  Air Force Outstanding Unit Award (AFOUA)

	b.  Air Force Good Conduct Medal (GCM)

	c.  National Defense Service Medal (NDSM)

	d.  Vietnam Service Medal with one Bronze Service Star (VSM 
w/lBSS)

	e.  Vietnam Campaign Medal (VCM)

	f.  Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P)

3.  The remaining relevant facts pertaining to this application 
are contained in the letters prepared by the appropriate offices 
of the Air Force at Exhibits C and D.  

________________________________________________________________

AIR FORCE EVALUATION:

1.  AFPC/DPSID recommends denial of the GCM, AFLSA and the PUC 
w/1BOLC. AFPC/DPSID review of Air Force Pamphlet 36-2801, 
Volumes I-III, Unit Decorations, Awards, and Campaign Credits, 
the 37th Air Base Squadron does not show ever being awarded the 
Presidential Unit Citation with one Bronze Oak Leaf Cluster 
during the applicant's inclusive dates with the 37th Air Base 
Squadron, therefore, he is not eligible for award of the 
Presidential Unit Citation with one Bronze Oak Leaf Cluster.  

2.  The Presidential Unit Citation is awarded to units of the 
United States Armed Forces for outstanding performance in action 
against an armed enemy occurring on, or after 7 December 1941, 
for United States Air Force units.  The unit must have displayed 
such gallantry, determination, and esprit-de-corps in 
accomplishing its mission under extremely difficult and 
hazardous conditions to have set it apart and above other units 
participating in the same campaign.

3.  The applicant's active duty service is from 17 October 1961 
to 2 February 1965, which would not meet the eligibility 
requirements for the Air Force Longevity Service Award.  The Air 
Force Longevity Service Medal is awarded to all service members 
of the United States Air Force who complete four years of 
honorable active or reserve military service with any branch of 
the United States Armed Forces.

4.  Due to the applicant's dates of service he qualifies for 
award under the criteria established for the Air Force Good 
Conduct Medal not the Army Good Conduct Medal.  In accordance 
with Air Force Instruction 36-2803, Table 5.2, service between 
28 July 1954 and 31 May 1963, shall be considered for award 
under the criteria established for the Army Good Conduct Medal.  
Service between 1 June 1963 and to an indefinite date shall be 
considered under the criteria established for the Air Force Good 
Conduct Medal.  The Good Conduct Medal is awarded to enlisted 
members who have honorably completed three continuous years of 
active military service subsequent to 26 August 1940, and who 
are recommended by their commanding officers for exemplary 
behavior, efficiency, and fidelity.  Therefore, he is not 
eligible for award under the criteria for the Army Good Conduct 
Medal as award of both would constitute dual recognition.

The complete AFPC/DPSID evaluation is at Exhibit C.

1.  AFPC/DPSOE recommends the applicant’s request to reflect his 
rank as Airman First Class be time barred.  DPSOE states the 
applicant entered active duty in the grade of Airman Basic, AB, 
on 17 October 1961.  He was promoted to Airman Third Class, A3C, 
on 15 December 1961 and Airman Second Class, A2C, on 
1 February 1963.  The applicant was honorably discharged on 
2 February 1965 in the grade of A2C.  

2.  Promotions granted during the timeframe the applicant is 
requesting were made at the Major Command, unless delegated by 
the Major Command to the Wing, Group, or Squadron levels.  HQ 
USAF distributed promotion quotas to the Major Commands based on 
projected vacancies within each Career Field Subdivision.  
Promotion boards selected individuals and the quotas received 
determined the number that could be promoted.  Some career 
fields received more promotions than others based on vacancies 
and the needs of the Air Force.  To be considered for promotion 
to A1C (E-4), an individual must have had 12 months, time-in-
grade, possess a skill level commensurate with their Air Force 
Specialty Code (AFSC), and be recommended by the commander. 
These were minimum eligibility requirements to be considered by 
the promotion board but in no way ensured or guaranteed a 
promotion.  

3.  They believe that supervisors and commanding officers at the 
time were in a better position to evaluate the applicant's 
potential and eligibility for promotion.  They also believe that 
after serving more than three years of active duty the 
applicant’s promotion history and eligibility for promotion 
would have been reviewed at the time of discharge.  After a 
thorough review of his records, they find no documentation 
(nomination list or orders) promoting him to the grade of AlC.  
They recommend the applicant’s request be time barred.  

The complete DPSOE evaluation is at exhibit D.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

1.  In his response the applicant states that along with 6 or 7 
other Airmen, he was told by the commander of the 37th ABS in 
Nha Trang, Vietnam that they were all promoted to their next 
rank.  He does not know why they were not given promotion orders 
at that time.  

2.  The Presidential Unit Citation was from service at Myrtle 
Beach Air Force Base (AFB), South Carolina.  He remembers 
wearing it on his uniform from 1962 to 1965.  It had an oak leaf 
cluster on it.  Everyone at Myrtle Beach AFB wore it on their 
uniforms.  

3.  He is entitled to the Air Force Longevity Service Medal.  He 
completed 6 years of honorable active and reserve military 
service from 17 October 1961 to 16 October 1967.  

4.  He would like to know if he is entitled to any awards for 
his service during the Cuban Missile Crisis while stationed at 
Myrtle Beach AFB.  From January to December 1962 his job was 
fueling Army convoys going to Florida.  

The applicant’s complete response is at Exhibit F.  

________________________________________________________________

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 respect 
to the applicant’s remaining awards requests, he has not 
provided any documentary evidence to substantiate his claim that 
he meets the criteria for these awards; therefore, we agree with 
the opinion and recommendation of the Air Force office of 
primary responsibility and adopt their rationale as the basis 
for our conclusion that relief beyond that already 
administratively granted is not warranted.  

4.  Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice regarding the 
applicant’s request to be promoted to the rank of Airman First 
Class (A1C).  The applicant contends that he was promoted to A1C 
in Vietnam but never received the promotion orders.  We took 
notice of the applicant's complete submission in judging the 
merits of the case and note that there is no documentation 
(nomination list or orders) promoting him to the grade of AlC.  
Accordingly, 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 basis to 
recommend granting this portion of the relief sought 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 this application 
in Executive Session on 18 June 2013, under the provisions of 
AFI 36-2603:
			,Panel Chair
			,Member
			,Member

The following documentary evidence was considered in AFBCMR 
Docket Number BC-2012-03900:

Due to the unavailability of the Panel Chair, Mr. Allen is 
signing as the Acting Panel Chair.  

    Exhibit A.  DD Form 149, dated 17 August 2012, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSID, dated 3 November 2012.
    Exhibit D.  Letter, AFPC/DPSOE, dated 14 November 2012.
    Exhibit E.  Letter, SAF/MRBR, dated 10 December 2012.
    Exhibit F.  Letter, Applicant, dated 15 December 2012.




                                   
                                   Acting Panel Chair




AFBCMR
1500 West Perimeter Road, Suite 3700
Joint Base Andrews NAF Washington, MD 20762





Dear:

Reference your application submitted under the provisions of AFI 36-2603 (Section 1552, 10 
USC), AFBCMR Docket Number BC-2012-03900. 

	After careful consideration of your application and military records, the Board 
determined that the evidence you presented did not demonstrate the existence of material error or 
injustice.  Accordingly, the Board denied your application.

	You have the right to submit newly discovered relevant evidence for consideration by the 
Board.  In the absence of such additional evidence, a further review of your application is not 
possible.

	BY DIRECTION OF THE PANEL CHAIR




				                                   
				                                   Chief Examiner
				                                   Air Force Board for Correction
				                                   of Military Records

Attachment:
Record of Board Proceedings
AFBCMR BC-2012-03900






 
DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC


Office of the Assistant Secretary



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