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AF | BCMR | CY2013 | BC 2012 05379
Original file (BC 2012 05379.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-05379

		COUNSEL:  NONE
	
		HEARING DESIRED:  NO


________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to reflect he was awarded the following awards:

	 a.  Air Force Outstanding Unit Award (2 OLC) w/Valor.

	 b.  Republic of Vietnam (RVN) Gallantry Cross w/Palm 
(2 devices).

	 c.  Department of the Air Force Award Certificate (monetary).

	 d.  Any other awards/medals/citations that he may be entitled to receive.

2.  The Special Order number associated with his Air Force Commendation Medal (AFCM) be added to the award citation.

3.  His DD Form 214 be corrected to reflect he was the youngest person to receive the rank of staff sergeant (E-5).

________________________________________________________________

APPLICANT CONTENDS THAT:

The omission of the requested items on his DD 214 is both an error and unjust.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant’s military personnel records indicate he enlisted in the Regular Air Force on 15 Sep 67 and served on active duty until 4 Jun 71 when he was honorably discharged and was credited with 3 years, 8 months, and 20 days of total active service. 

On 15 Mar 13, AFPC/DPSOR notified the applicant that they were able to verify his entitlement to the AFOUA w/1 BOLC, Vietnam Service Medal (VSM) with four bronze service stars (BSS), Air Force Good Conduct Medal (AFGCM), and the RVN Gallantry Cross w/ Palm and have corrected his records administratively.  However, his request to have his DD Form 214 corrected to reflect that he was the youngest person to receive the rank of staff sergeant (E-5) and that he was awarded of the Air Force Award Certificate (monetary) could not be approved as these items are not appropriate entries for the DD Form 214.  In accordance with DoDI 1336.01, the DD Form 214 shall contain relevant data regarding the Service member's character of service and the circumstances of termination at the time of transfer, release, discharge, or when the Service member changes status or component while on active duty.  Additionally AFI 36-3202 indicates that only awards and decorations earned that are authorized to be worn by Air Force members should be included on the DD Form 214.

The AFOUA is awarded by the Secretary of the Air Force to numbered units that distinguished themselves by exceptionally meritorious service or outstanding achievement that clearly sets the unit above and apart from similar units.  The services include; performance of exceptionally meritorious service, accomplishment of a specific outstanding achievement of national or international significance, combat operations against an armed enemy of the United States, or military operations involving conflict with or exposure to hostile actions by an opposing foreign force.  A bronze “V” device is worn on the ribbon to denote award for combat or direct combat support actions.

The RVN Gallantry Cross w/Palm is awarded by the Republic of Vietnam to certain units of the U.S. armed forces for valorous combat achievement during the Vietnam War, from 1 Mar 61 to 28 Mar 73.  Devices are not authorized to wear with this item. 

The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR) which is attached at Exhibit C.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSID recommends denial of the applicant’s request for the AFLSA, indicating there is no evidence of an error or injustice.  The AFLSA is awarded to service members who have attained four years of honorable active duty service; however, in view of the fact the applicant served on active duty for total of 3 years, 8 months, and 20 days he is not eligible for the AFLSA.  As for his request for the Small Arms Expert Marksmanship Ribbon (SAEMR), it is awarded to service members who qualify after 1 Jan 63, qualify as “expert” in small arms marksmanship with either the M-16 rifle or issue handgun.  However, a review of his records and instant submission revealed no documentation that could be used to verify that he met the criteria.

A complete copy of the AFPC/DPSID evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant withdrew his request for award of the AFLSA and the SAEMR, however he asserts that his already awarded AFOUA w/1 OLC should also have a combat “V” device based on his assignment with the U.S. Pacific Postal and Courier Region, Operating Location 1500, Tan Son Nhut Air Base, Vietnam from 4 Sep 68 to 31 Aug 69.  He has submitted a Department of the Air Force SO, dated 5 Oct 70 indicating, the Vietnam District, USAF Postal and Courier Service (PACAF) was awarded this award with the combat “V” device during the timeframe in which he served under the unit in one of the detachments.  He also submitted two letters from AFHRA/RSO indicating that his particular detachment was authorized to share in this award.

As for the award of a second RVN Gallantry Cross w/Palm, he argues that since the guidance indicate devices are not authorized with this medal, his DD Form 214 should be corrected to reflect the award of two of these medals by annotating a “2” either after it or before it.

He argues that his assignments with the 58th Military Airlift Squadron, Robins Air Force Base, Georgia from 17 Nov 67 to 3 Sep 68 and the U.S. Pacific Postal and Courier Region, Operating Location 1500, Tan Son Nhut Air Base, Vietnam from 4 Sep 68 to 31 Aug 69 should entitle him to wear the combat “V” device on the AFOUA as well as authorize an annotation on his DD Form 214 that he was awarded a second RVN Gallantry Cross w/Palm.

A complete copy of the Applicant’s Response 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 an error or injustice with respect to the applicant’s request for an additional OLC device w/Valor on his already awarded AFOUA.  After a thorough review of the evidence of record and the applicant’s complete submission, we do not find the evidence presented by the applicant is sufficient to convince us he should have been awarded an additional AFOUA.  In this respect, we note that the OLC on his award of the AFOUA indicates the applicant is authorized two AFOUAs and he is not authorized a third AFOUA.  

4.  Notwithstanding the above, sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice with respect to the designation of the combat “V” device on the AFOUA and annotation of two RVN Gallantry Cross w/Palm awards on the DD Form 214.  In this respect, we note the applicant provided supporting statements and documentation indicating that he was assigned to two different organizations that are authorized the award of these medals.  Therefore, we recommend his records be corrected as indicated below.
________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, issued in conjunction with his 4 June 1971 separation, be amended in Item 24, Decorations…, to include the Air Force Outstanding Unit Award with Valor and two Republic of Vietnam Gallantry Crosses with Palm devices.
________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2012-05379 in Executive Session on 20 Aug 13, under the provisions of AFI 36-2603:

	             , Panel Chair
	             , Member
	             , Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 14 Nov 12, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSID, dated 25 Jan 13, w/atchs.
     Exhibit D.  Letter, SAF/MRBR, dated 1 Apr 13.
     Exhibit E.  Letter, Applicant, dated 8 Apr 13, w/atchs.




                                   
                                   Panel Chair



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