RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-02445

	 	COUNSEL:  NONE

		HEARING DESIRED:  NO 


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APPLICANT REQUESTS THAT:

His record be corrected to reflect he was awarded the following awards: 

1.  Air Force Outstanding Unit Award with Valor (AFOUA w/V).

2.  Combat Readiness Medal (CRM).

3.  Vietnam Service Medal with four Bronze Service Stars (VSM w/4BSS).  

4.  Republic of Vietnam Campaign Medal (RVCM).  

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

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APPLICANT CONTENDS THAT:

He is eligible for several authorized awards and medals that were not annotated on his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, or were never awarded.  He has documented evidence of his duty positions, responsibilities, achievements, and assignment locations which entitle him to the missing awards and medals.  

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

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STATEMENT OF FACTS:

The applicant’s military personnel records indicate he was commissioned in the Regular Air Force on 6 Jun 68, after graduating from the United States Air Force Academy.  

On 5 Jun 73, the applicant was honorably discharged from active duty and transferred to the Air Force Reserve (AFRES), and he was credited with five years and one day of total active service.  

On 22 Oct 88, the applicant was relieved from his assignment and honorably discharged in the grade of captain (O-3) from the AFRES, effective 14 Oct 88.  

On 13 Mar 14, the applicant’s DD Form 214 was corrected to reflect he was awarded the Missileman Badge.  

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 of the applicant’s request for award of the AFOUA w/V, CRM, VSM w/4BSS, RVCM, and the RVNGC w/P.  The AFOUA w/V is awarded by the Secretary of the Air Force 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, verification could not be made of the applicant being assigned to or serving with a unit that was awarded the AFOUA w/V.  The CRM is awarded for periods of qualifying service in combat or mission ready status for direct weapons systems employment.  Specifically, an aircrew whose wartime mission places them into enemy territory or in the threat envelope of ground enemy defense; a missile operation which could employ weapons to destroy enemy targets; individuals who directly control in-flight manned aircraft whose wartime mission is to seek and destroy enemy targets.  Also, CRM entitlement is based upon a member of a unit subject to combat readiness reporting under the Joint Communications System (JCS) Publication 6, completing basic and initial training and be formally certified as combat or mission ready in performing the command or unit operational mission.  The individual must also be subjected to a continuous individual positional evaluation program; having completed 24 months of sustained combat or mission readiness with no more than a 120 calendar-day break.  However, there is no documentation verifying the applicant served in a combat ready position for 24 months or was awarded the medal by his commander.  The VSM is awarded to all service members of the Armed Services who between 4 Jul 65 and 28 Mar 73, served in South Vietnam, its contiguous waters, or the airspace; in Thailand, Laos, or Cambodia, airspaces thereof and in direct support of operations in Vietnam for 30 consecutive days or 60 non-consecutive days.  However, there is no documentation in the applicant’s record to verify he was in the area of eligibility for award of the VSM.  The RVCM is awarded to members who: (1) served for six months in South Vietnam during the period 1 Mar 61 and 28 Mar 73; (2) served outside the geographical limits of South Vietnam and contributed direct combat support to the RVN Armed Forces for an aggregate of six months.  However, there is no documentation in the applicant’s record verifying he served in South Vietnam for six months or contributed direct combat support to the RVN Armed Forces for an aggregate of six months.  The RVNGC w/P is awarded by the RVN to units for valorous combat achievements and there is no verification the applicant served in or was attached to a unit that served in South Vietnam, which renders him ineligible for award of the RVNGC w/P.  To grant the applicant relief would be contrary to the eligibility criteria established by the Department of Defense Manual (DoDM) 1348.33 and/or AFI 36-2803, The Air Force Military Awards and Decorations Program.  Nevertheless, an analysis of his records revealed that he should have been awarded the Air Force Outstanding Unit Award with one Bronze Oak Leaf Cluster (AFOUA w/1BOLC) and the Air Force Longevity Service Award with one Bronze Oak Leaf Cluster (AFLSA w/1BOLC); as such, his records will be administratively corrected.  

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant indicated the advisory opinion omitted a response to his request for award of the missile badge and AFOUA (OLC).  However, he is aware that the missile badge is authorized and will be administratively corrected.  He also noted the other annotated administrative corrections.  He further indicated his contentions were not properly addressed which resulted in a limited review of his official military personnel record.  His actual contention is that “individual and unit awards not awarded and/or not reflected on DD214.”  Essentially, his request is for medals that were not awarded and would therefore not be documented in his official military personnel record.  Since his eligibility for the requested awards is well documented through his submission and there are factual errors and omissions in the OPR advisory, their recommendation should be rejected and his request should be approved.  It is unclear what information was provided to the Air Force Board for Correction of Military Records (AFBCMR); therefore, he resubmitted his complete application to include fact sheets of specific awards.  

A copy of the applicant’s complete response is at 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 error or injustice.  We took notice of the applicant's complete submission, including his rebuttal response, 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 to warrant corrective action..  While the applicant argues that he has presented sufficient evidence of his entitlement to the requested awards, irrespective of the findings of the Air Force OPR, we do not find his arguments or the evidence presented sufficient to conclude that he has been the victim of an error or injustice.  We note that AFPC/DPSID has verified the applicant’s entitlement to the Missileman Badge, AFOUA w/1BOLC, and AFLSA w/1BOLC and will correct his records administratively..  Therefore, in view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting any relief beyond that rendered administratively.  

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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-2013-02445 in Executive Session on 8 May 14, under the provisions of AFI 36-2603:

	Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 14 May 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records
	Exhibit C.  Letter, AFPC/DPSID, dated 23 Aug 13.  
	Exhibit D.  Letter, SAF/MRBR, dated 28 Mar 14.  
	Exhibit E.  Letter, Applicant, dated 21 Apr 14, w/atchs.




                                   
                                   Panel Chair







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