RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01385

		COUNSEL:  NONE

		HEARING DESIRED:  NO 


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APPLICANT REQUESTS THAT:

1.  He be given reconsideration of his requests for his record to be corrected to reflect the following awards: 

	a.  Republic of Vietnam Campaign Medal (RVCM).  

	b.  Vietnam Service Medal (VSM) with two Bronze Service Stars (VSM w/2BSS), instead of VSM w/1BSS.

2.  His records be corrected to show he was awarded the following awards:

	a.  Air Force Outstanding Unit Award with valor (AFOUA w/V). 

	b.  Presidential Unit Citation (PUC).

	c.  Distinguished Flying Cross (DFC).

	d.  Air Force Combat Readiness Medal (AFCRM).  

	e.  Vietnam Presidential Unit Citation (VPUC).

3.  His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to show:

	a.  His Air Force Specialty Classification (AFSC) was 46050.

	b.  He was assigned to the 4th Air Commando Squadron, 14th Air Commando Wing, Nha Trang, Republic of South Vietnam during the period 5 Jan 68 through 12 Feb 69.  

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APPLICANT CONTENDS THAT:

His official records were destroyed in a fire at the National Personnel Records Center (NPRC) in St. Louis, MO in 1973.  The Department of Veterans Affairs (DVA) has determined the applicant has a 100 percent permanent disability.  The history of the 4th Special Operations Squadron, Hurlburt Field, FL shows the requested awards were awarded to this unit. 

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

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STATEMENT OF FACTS:

The applicant initially entered the Air Force on 21 Jan 66.  

On 23 May 69, the applicant was released from active duty and credited with three years, four months, and three days of active service.  

On 24 Nov 97, the applicant was issued a DD Form 215 crediting him with 1 month and 28 days of foreign service.

On 20 Jul 98, the AFBCMR granted the applicant’s request for award of the VSM (Docket Number BC-1997-03338).  On 4 Nov 98, the applicant was issued a DD Form 215 adding the VSM to his DD Form 214.

On 30 Oct 03, the AFBCMR notified the applicant his request for reconsideration for the Purple Heart Medal (PHM) and Vietnam Campaign Medals was denied because it was materially the same request which the AFBCMR had previously considered and denied (Docket Number BC-2002-03641).   

On 12 Jul 06, the Air Force Personnel Center (AFPC) notified the applicant that his request for the PUC, the RVCM, and the Air Force Overseas Ribbon-Short Tour (AFOSR-S) were denied.

On 21 Jul 06, AFPC notified the applicant his additional request for the PUC and RVCM were denied.  

On 8 Nov 12, the applicant was issued a DD Form 215 awarding a BSS to his previously awarded VSM (VSM w/1BSS) and awarding the Republic of Vietnam Gallantry Cross with Palm (RVGC w/P). 

On 24 Oct 12, AFPC notified the applicant the documentation in his official records dis not substantiate award of the AFOUA w/V, PUC, VPUC, RVCM, or the Purple Heart Medal (PHM).  In addition, he was notified there is no documentation in his file which verifies he was assigned to the 4th Air Commando Squadron, Nha Trang, Republic of South Vietnam.  

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

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AIR FORCE EVALUATION:

AFPC/DPSID recommends denial indicating there is no evidence of an error or an injustice based upon the lack of official documentation.  

The RVCM is awarded to members of the Armed Forces of the United States who between 1 Mar 61 and 28 Mar 73, served for six months in South Vietnam, or who served outside the geographical limits of South Vietnam and contributed direct combat support to the Republic of Vietnam Armed Forces for an aggregate of six months.  However, there is no documentation, either submitted by the applicant or in the applicant’s file, to verify he served in the area of eligibility for an aggregate of six months to merit award of the RVCM.  AFPC notified the applicant of this on 30 Oct 03, 12 Jul 06, 21 Jul 06, and 24 Oct 12. 

Concerning the applicant’s request for a second BSS for his previously awarded VSM with one bronze service star (VSM w/1BSS), there is no documentation, either submitted by the applicant or in the applicant’s file, to verify the exact dates he served in the area of eligibility or qualified for award of an additional BSS. 

The AFOUA is awarded to numbered units that have distinguished themselves by exceptionally meritorious service or outstanding achievement that clearly sets the unit above and apart from similar units.  However, there is no documentation, either submitted by the applicant or in the applicant’s file, to verify he was assigned to a unit that was awarded the AFOUA w/V.  AFPC notified the applicant of this on 24 Oct 12. 

The PUC is awarded to units of the United States Armed Forces for outstanding performance in action against an armed enemy.  However, there is no documentation, either submitted by the applicant or in the applicant’s file, to verify he was assigned to a unit that was awarded the PUC.  AFPC notified the applicant of this on 12 Jul 06 and 24 Oct 12.  

The DFC may be awarded to any person who, after 6 Apr 17, while serving in any capacity with the United States Armed Forces, distinguished themselves by heroism or extraordinary achievement while participating in aerial flight.  The extraordinary achievement must have resulted in an accomplishment so exceptional and outstanding as to clearly set the individual apart from comrades or from other persons in similar circumstances.  However, there is no documentation, either submitted by the applicant or in the applicant’s file, to verify he was awarded the DFC.  
The AFCRM is awarded for periods of qualifying service in combat or mission ready status for direct weapons systems employment.  There is no documentation, either submitted by the applicant or in the applicant’s file, to verify he served in a combat ready position for 24 months and was awarded the AFCRM.

The VPUC was awarded for humanitarian assistance given during Aug 54 to Sep 54 in evacuation of civilians from North and Central Vietnam.  The applicant served on active duty during the period 21 Jan 66 through 23 May 69 and he is therefore not eligible for the VPUC.  There is no documentation, either submitted by the applicant or in the applicant’s file, to verify he served on active duty in Aug 54 in support of the evacuations in North and Central Vietnam to merit award of the VPUC.  

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He reiterates that he was assigned to the 4th Special Operations Squadron (SOS) at Nha Trang, Vietnam, submits a fact sheet on the history of the 4th SOS, and asserts that he should receive the awards issued to the 4th SOS while he was assigned.  In addition, he submits a personal statement in which explains his efforts to reconstruct his records after the fire at the NPRC (Exhibit E).

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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.  We took notice of the applicant’s complete submission in judging the merits of the case, to include his rebuttal response to the advisory opinion; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  While the Board understands that many of the applicant’s military personnel records were destroyed in the fire at the National Personnel Record Center (NPRC) in 1973, the Board is prohibited from granting the requested relief without sufficient supporting documentation.  The applicant provided no evidence he qualifies for award of the many decorations he is requesting, served with the 4th Air Commando Squadron, Nha Tran, Republic of South Vietnam, or qualified for the AFSC of 46050.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief.

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THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material 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.

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The following members of the Board considered AFBCMR Docket Number BC-2013-01385 in Executive Session on 19 Dec 13, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 6 Mar 13, w/atch.
	Exhibit B.  Applicant's Master Personnel Records
	Exhibit C.  Letter, AFPC/DPSID, dated 13 May 13.
	Exhibit D.  Letter, SAF/MRBR, dated 31 May 13.
	Exhibit E.  Letter, Applicant, dated 10 Jun 13, w/atch.




                                   
                                   Panel Chair