RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-02959
		INDEX CODE:  107.00

		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His DD Form 214, Report of Separation from Active Duty, be corrected to add the V device to the Air Force Outstanding Unit Award (AFOUSA).

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APPLICANT CONTENDS THAT:

His AFOUSA should be upgraded because the “V” device for valor is not on it.  Other Air Force Security veterans with whom he served in Vietnam went through the same combat and received the “V” device.

In support of his application, the applicant provided personal statements, his separation documents and the separation documents of other former airmen, correspondence and historical military documents, and a partial copy of a Veterans Administration decision on a claim he submitted.  The applicant's complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

The applicant’s military records were lost or destroyed and efforts at reconstruction have been unsuccessful.  The following information was extracted from the applicant’s separation documents, which he provided in support of his appeal.

On 24 June 1971, the applicant enlisted in the Regular Air Force at the age of 17.  Following completion of training, he performed duties as a Security Specialist and was progressively promoted to the grade of sergeant (E-4).  He served on active duty until 30 August 1973, when he was honorably discharged under the provisions of AFM 39-12 (Unsuitability - Character and Behavior Disorders - Board Entitlement).  He was credited with 2 years and 2 months on active duty, of which 7 months and 26 days was foreign and/or SEA service.  Seven days were considered time lost to the government.  A Reenlistment Eligibility (RE) code 2 was assigned.  He was entitled to the National Defense Service Medal (NDSM), the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal (RVCM), the Presidential Unit Citation (PUC), the Small Arms Expert Marksmanship Ribbon (SAEMR) and the AFOUA.

Pursuant to a request by the applicant in this current appeal, on 26 December 2001, a DD Form 215, Correction to DD Form 214, was issued showing the applicant was entitled to the Republic of Vietnam Gallantry Cross with Palm.

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AIR FORCE EVALUATION:

AFPC/DPPPR states that AF Pamphlet 900-2, Unit Decorations, Awards, and Campaign Participation Credits Approved, shows that the 5251 SPS received unit awards only through 1 September 1971, prior to the applicant’s arrival in Vietnam; therefore, he could not have been assigned to this unit.  The 3 SPS and Det 1, 377 ABW both received unit awards during the 72-73 period during which the applicant served in Vietnam.  Only the 3 SPS received the Presidential Unit Citation, but it was earned for the period 68-69, prior to the applicant’s arrival in Vietnam.  The unit did earn the Air Force Outstanding Unit Award with V device, but not while the applicant was in Vietnam.  Since the applicant only provided documentation that shows his assignment to Det 1, 377 ABW, this unit’s awards are the only ones to which they can verify the applicant is entitled.  That unit earned the Republic of Vietnam Gallantry Cross with palm for the period 17 January 1972-28 January 1973, and this unit’s award has been added to the applicant’s DD Form 214.  Therefore, they recommend denial of applicant’s request.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation, reiterated his initial contentions, and presented additional documentation.  The applicant’s letter, with attachments, is at Exhibit D.

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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 in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or 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 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 19 November 2002, under the provisions of AFI 36-2603:

		       Panel Chair
			Member
			Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 9 Oct 01 , w/atchs.
   Exhibit B.  Letter, AFPC/DPPPR, dated 14 Dec 01.
   Exhibit C.  Letter, AFBCMR, dated 11 Jan 02.
   Exhibit D.  Applicant’s Response, dated 20 Jan 02, w/atchs.