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AF | BCMR | CY2012 | BC-2012-05843
Original file (BC-2012-05843.txt) Auto-classification: Denied

RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-05843
		COUNSEL:  NONE
		HEARING DESIRED:  YES

________________________________________________________________
_

APPLICANT REQUESTS THAT:

He be awarded the following awards:

1.  The Presidential Unit Citation (PUC) 

2.  The Air Force Combat Action Medal.

________________________________________________________________
_

APPLICANT CONTENDS THAT:

He was unaware that his squadron in Vietnam received the 
contested awards.  While in Vietnam he was under sniper fire 
numerous times and had to load and aim his M-16 rifle for 
protection.

In support of the applicant’s appeal he submits a personal 
statement and a copy of his DD Form 214, Armed Forces of the 
United States Report of Transfer or Discharge.

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

________________________________________________________________
_

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 7 July 
1964 for a period of four years.

On 5 July 1968, the applicant was honorably discharged.  He 
served 3 years, 11 months and 29 days on active duty with 
8 months and 28 days of foreign and/or sea service.

On 4 March 2013, AFPC/DPSOE advised the applicant that his 
request to change his date of rank will be corrected 
administratively by the separations office.  

AFPC/DPSOR was able to verify award of the Vietnam Campaign 
Medal, Republic of Vietnam Gallantry Cross with Palm, and the 
Air Force Outstanding Unit Award with Valor.  Upon final board 
decision, administrative correction will be accomplished. 

________________________________________________________________
_

AIR FORCE EVALUATION:

AFPC/DPSID recommends denial.  DPSID states on 15 March 2007, 
the Secretary of the Air Force approved establishment of the Air 
Force Combat Action Medal to recognize any military member of 
the Air Force (airman basic through colonel) who actively 
participated in combat (ground to air).  The principal 
eligibility criterion is that the individual must have been 
under direct and hostile fire while operating in unsecured space 
(outside the defended perimeter), or physically engaging hostile 
forces with direct and lethal fire.  The Air Force Combat Action 
Medal may be awarded for qualifying service from 11 September 
2001, to a date to be determined.  Retroactive awards prior to 
11 September 2001 are not authorized.

The PUC is awarded to units of the United States Armed Forces 
for outstanding performance in action against an armed enemy 
occurring on, or after 16 October 1941, for United States Navy 
and United States Marine Corps units; and on or after 7 December 
1941, for United States Army and United States Air Force units.


DPSID was unable to verify that any units in which the applicant 
served were awarded the PUC, rendering the applicant ineligible 
for the award.

The DPSID complete evaluation is at Exhibit C.

________________________________________________________________
_

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 8 March 2013, a copy of the Air Force evaluation was 
forwarded to the applicant for review and response within 
30 days (Exhibit D).  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.  The 
applicant’s contentions are duly noted; however, after reviewing 
the evidence of record, 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 provided sufficient evidence to substantiate 
his entitlement to the PUC and the Air Force Combat Action 
Medal.  Therefore, other than the administrative corrections 
cited above, we find no basis to recommend granting the relief 
sought in this application.

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 issues involved.  
Therefore, the request for a hearing is not favorably 
considered.

________________________________________________________________
_

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of an error or injustice; the 
application was denied without a personal appearance; and 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 AFBCMR Docket 
Number BC-2012-05843 in Executive Session on 12 September 2013, 
under the provisions of AFI 36-2603:


The following documentary evidence was considered:

  Exhibit A.  DD Form 149, dated 13 December 2012.
  Exhibit B.  Applicant’s Available Master Personnel Records.
  Exhibit C.  Letter, AFPC/DPSID, dated 19 February 2013.
  Exhibit D.  Letter, SAF/MRBR, dated 8 March 2013.




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