RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-00254
		INDEX CODE: 107.00

	APPLICANT	COUNSEL:  None

	SSN	HEARING DESIRED: No

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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH), Air Force Overseas Ribbon, Presidential Unit Citation (PUC), and Air Force Outstanding Unit Award (AFOUA).  By amendment the applicant requests award of the Air Force Outstanding Unit Award (AFOUA) with "V" device and one bronze oak leaf cluster, and the Republic of Vietnam Gallantry Cross with Palm.

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APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust and the evidence submitted in support of the appeal are at Exhibit A.

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STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letter prepared by the appropriate office of the Air Force.  Accordingly, there is no need to recite these facts in this Record of Proceedings.  

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AIR FORCE EVALUATION:

The Chief, Recognition Programs Branch, Promotion, Evaluation and Recognition Division, AFPC/DPPPR, reviewed the application and states for a service member to be awarded the PH he must have been wounded as a direct result of enemy action.  There is no medical evidence in the applicant's records to support his claim to receive the PH. 

The Air Force Overseas Ribbon was authorized by the Chief of Staff effective 12 Oct 80; the applicant separated on 24 May 74 and therefore is not eligible to receive this ribbon.

DPPPR, upon reviewing the applicant's official records, was unable to determine the applicant's entitlement to the Presidential Unit Citation.

The applicant's prior unit was awarded the AFOUA; thus making him eligible to receive this award.  The AFOUA will be added to his DD Form 214.  

DPPPR recommends denying applicant's request for award of the PH, Air Force Overseas Ribbon and the PUC.

A complete copy of the evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluations and states while serving in the Air Force (AF) he received several decorations.  Some of the decorations appeared on his DD Form 214 and some did not.  He contacted Randolph AFB and they corrected one of the missing decorations and added the decoration to his DD Form 214.  However, the applicant feels the decoration should have been awarded with a "V" device and 1 bronze oak leaf cluster.  The applicant states that he received this decoration while serving in Viet Nam.  He further states that Capt  , the officer in charge of his unit, told him he would also receive the Viet Nam Cross of Gallantry.  The applicant submitted copies of other service members' DD Form 214 and DD Form 215, who served with him in the same unit and they have received the decorations in question (Exhibit G).

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ADDITIONAL AIR FORCE EVALUATION:

DPPPR provided an additional advisory on 16 Aug 01.  The applicant amended his application to request award of the Air Force Outstanding Unit Award (AFOUA) with "V" device and one bronze oak leaf cluster, Presidential Unit Citation (PUC) and Republic of Vietnam Gallantry Cross with Palm.

There is no documentation in the applicant's personnel records indicating that he was assigned to the 3rd Security Police Squadron, 6251 Air Base Wing (ABW), or 1st Detachment 377th Combat Security Police Section.  Therefore, he is not eligible for any awards from those units.

According to the applicant's records he was assigned to the 377th ABW, Detachment 1 from 2 Feb 72 to 1 Feb 73.  The 377th ABW did received the AFOUA with Valor device, but the Detachment did not share in this award.

DPPPR again reviewed the applicant's records for eligibility for the PUC and was still unable to determine his entitlement.  Their records indicated that the 377th ABW, Detachment 1, did not qualify for the PUC.

The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm, and this award will be added to his DD Form 214.  A replacement set of the applicant's authorized medals while in service, was mailed to him (Exhibit D).

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APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A complete copy of the additional Air Force evaluation was forwarded to the applicant on 16 Aug 01, for review and response.  As of this date, no response has been received by this office. 

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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 probable error or injustice.  The applicant's contentions are duly noted; however, we do not find his contentions in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force.  We note that the applicant has been awarded the AFOUA and the Republic of Vietnam Gallantry Cross with Palm; however the applicant has not presented persuasive evidence that he is eligible for the remaining awards he requests.  We therefore agree with the recommendations of the Air Force and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden of having suffered either an error or an injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

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

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The following members of the Board considered this application on October 4, 2001 under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 10 Oct 00, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPR, dated 22 May 01.
   Exhibit D.  Letter, SAF/MIBR, dated 15 Jun 01.
   Exhibit E.  Applicant’s Response, dated 13 Jun 01.
   Exhibit F.  Letter, AFPC/DPPPR, dated 16 Aug 01.
   Exhibit G.  Letter, SAF/MIBR, dated 24 Aug 01.

                                   
                                   Panel Chair