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Decision Text

AF | BCMR | CY2013 | BC 2013 02656
Original file (BC 2013 02656.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-02656

		COUNSEL:  NONE

		HEARING DESIRED:  NO


________________________________________________________________

APPLICANT REQUESTS THAT:

His record be corrected to reflect he was awarded the Air Force Commendation Medal (AFCM).  

________________________________________________________________

APPLICANT CONTENDS THAT:

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, does not reflect or credit him with his AFCM.  He was awarded the AFCM by special order for meritorious service during the period of 9 Jan 65 through 15 Nov 65.  

The applicant’s complete submission is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant was serving in the Air Force Reserve in the grade of First Lieutenant (O-2) during the matter under review.  

On 6 Dec 65, by special order, the applicant was awarded the AFCM for meritorious service during the period of 9 Jan 65 through 15 Nov 65.  

On 7 Jan 66, by special order, the applicant was awarded the Bronze Star Medal (BSM) for meritorious service during the period 9 Jan 65 through 15 Dec 65.  

On 25 Mar 66, by special order, the applicant’s award of the AFCM was revoked.  

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.

________________________________________________________________







AIR FORCE EVALUATION:

AFPC/DPSID recommends denial of the applicant’s request for award of the AFCM.  In this case, a thorough review of the applicant’s official personnel records indicates that the special order awarding him an AFCM for the period 9 Jan 65 through 15 Nov 65 was revoked because he was also awarded a Bronze Star Medal for meritorious service during the period 9 Jan 65 through 15 Dec 65.  To receive both awards for the same time frame and for meritorious service would constitute dual recognition.  The original awarding authority recognized dual recognition had occurred and appropriately revoked the AFCM to rectify the situation.  There is insufficient documentation to support the applicant’s request and to grant relief would be contrary to the criteria established by DoDM 1348.33, Manual of Military Decorations and Awards. Nevertheless, an analysis of his records revealed that he should have been awarded the Air Force Longevity Service Award (AFLSA), Vietnam Service Medal with three Bronze Service Stars (VSM w/3BSS), Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P), and Vietnam Campaign Medal (VCM); as such, his records will be administratively corrected.  

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

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 31 Oct 13, for review and comment within 30 days (Exhibit D).  As of this date, this office has received no response.  

________________________________________________________________

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; 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.  We note that AFPC/DPSID has determined the applicant’s DD Form 214 should be administratively corrected to reflect his entitlement to the AFLSA, VSM w/3BSS, RVNGC w/P, and VCM and has corrected his records administratively.  Therefore, we find no basis to recommend granting any relief beyond that rendered administratively.

________________________________________________________________

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.

________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2013-02656 in Executive Session on 6 Mar 14, under the provisions of AFI 36-2603:

	Chair
	Member
	Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 30 May 13.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSID, dated 16 Sep 13. 
     Exhibit D.  Letter, SAF/MRBR, dated 31 Oct 13.




                                   
                                   Chair

2


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