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AF | BCMR | CY2013 | BC 2013 05274
Original file (BC 2013 05274.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-05274
	XXXXXXXXXX	COUNSEL: NONE
			HEARING DESIRED:  NOT INDICATED


APPLICANT REQUESTS THAT:

1.  He be entitled to the Presidential Unit Citation (PUC).

2.  He be entitled to the Vietnam Service Medal (VSM).


APPLICANT CONTENDS THAT:

He was awarded the PUC while assigned to the 354th Munitions 
Maintenance Squadron (MSS) in 1974.  He was also assigned to the 
52nd MSS between 1976 and 1977.

He was awarded the VSM during Basic Military Training (BMT) in 
1971.

The applicant provides no rationale as to why his failure to 
timely file should be waived in the interest of justice.

The applicant’s complete submission is at Exhibit A.


STATEMENT OF FACTS:

The applicant served in the Regular Air Force from 4 December 
1973 to 11 November 1977.  His DD Form 214 reflects one year, 
three months and eight days of Foreign Service.


AIR FORCE EVALUATION:

AFPC/DPSID recommends denial.  The VSM was awarded to members of 
the United States Armed Forces who served in Vietnam or the 
contiguous waters or airspace after 3 July 1965, and before 
28 March 1973.  In addition, personnel serving in Thailand, 
Laos, or Cambodia in direct support of operations in Vietnam 
during the same time period were also eligible for the VSM.  To 
be eligible, a service member must be: permanently assigned, 
attached, or detailed for one or more days with an organization 
participating in or directly supporting ground (military) 
operations; permanently assigned, attached, or detailed for one 
or more days aboard a naval vessel directly supporting military 
operations; have actually participated as a crew member in one 
or more aerial flights directly supporting military operations; 
have served on temporary duty for 30 consecutive days or 60 non-
consecutive days.  Those time limitations may be waived for 
personnel participating in actual combat operations.  The 
applicant was in BMT in 1973 and does not meet the criteria for 
award of the VSM.

The PUC is conferred on units of the Armed Forces of the United 
States and of cobelligerent nations, for extraordinary heroism 
in action against an armed enemy on or after 7 December 1941.  
The unit must display such gallantry, determination, and esprit 
de corps in accomplishing its mission as to set it apart from 
and above other units participating in the same campaign.  The 
degree of heroism required is the same that would warrant award 
of the Distinguished Service Cross to an individual.

The 354th MSS was awarded the PUC for the inclusive period 
between 10 October 1972 and 30 April 1973.  Conversely, the 
applicant was assigned to the 354th MSS from 4 December 1973 to 
4 December 1975.  Therefore, he does meet the criteria for 
entitlement to the PUC.  To grant relief would be contrary to 
the eligibility criteria established by DoD Manual 1348.33, 
Manual of Military Decorations and Awards.

Notwithstanding the above, the Air Force Outstanding Unit Award 
should have been awarded during the applicant's service from 
4 December 1973 to 11 November 1977 and was not reflected in his 
records.  Upon final Board decision, administrative correction 
of his official military personnel record will be completed by 
AFPC/DPSOR.

The complete DPSID evaluation is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 25 April 2014, a copy of the Air Force evaluation was 
forwarded to the applicant for review and comment within 
30 days.  As of this date, no response has been received by this 
office (Exhibit D).


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 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 that the applicant has 
not been the victim of an error or injustice.  Aside from the 
administrative correction noted above, we find no basis to 
recommend granting the additional relief sought in this 
application.


THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that 
the application was denied without a personal appearance; and 
that 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 this application 
in Executive Session on 9 October 2014, under the provisions of 
AFI 36-2603:

      	, Panel Chair
      	, Member 
      	, Member

The following documentary evidence pertaining to AFBCMR BC-2013-
05274 was considered:

    Exhibit A.  DD Form 149, dated 5 November 2013.
    Exhibit B.  Applicant’s Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSID, dated 27 March 2014, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 25 April 2014.





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