RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00485
		INDEX CODE: 107.00

	APPLICANT	COUNSEL:  None

	SSN	HEARING DESIRED: No

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APPLICANT REQUESTS THAT:

His records and his DD Form 214 be updated to reflect that he received the following awards for his service in Vietnam: the President Unit Citation, Air Force Outstanding Unit Award (AFOUA) with V device, Republic of Vietnam Gallantry Cross with Palm and Republic of Vietnam Gallantry Cross with Palm at Phu Cat Vietnam AB.

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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:

On 15 Jul 99, the National Personnel Records Center (NPRC) issued a DD Form 215, adding the Vietnam Service Medal and Republic of Vietnam Campaign Medal to his records.  The applicant was also entitled to the Vietnam Service Medal with 1 Bronze Star, the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm and these decorations have been added to the applicant's DD Form 214.  Therefore, the only issue remaining for consideration by the Board is the award of the AFOUA.

The remaining 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:

HQ AFPC/DPPPR states service members are not eligible to receive awards issued to their parent or subordinate units.  They informed the applicant on 26 Mar 02, that his DD Form 215, issued on 15 Jul 99 was incomplete and that he was assigned to the 366th Field Maintenance Squadron (FMS), not the 366th Wing and that he is only entitled to the unit awards that the 366th FMS earned.  The  366th FMS  received  the AFOUA  with V device  for  periods 1 Apr 68-31 Jul 69, 1 Aug 69-1 Aug 70.  The applicant is not eligible for receiving the awards for either period because he was not assigned to the unit until 29 Jul 71.  They recommend the applicant's request for award of the AFOUA be denied.

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

Examiner's Note:  We have been informally advised by the OPR that foreign unit awards, such as the Republic of Vietnam Gallantry Cross w/Palm, regardless of whether the service member served in more than one unit, or the unit was awarded the award more than once the service member is only eligible to receive the award one time.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 7 June 2002, 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 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 Presidential Unit Citation, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Vietnam Service Medal with 1 Bronze Star, and Republic of Vietnam Gallantry Cross with Palm.  With regard to the last mentioned award, the service member is only entitled to receive the award once.  Further, the applicant has not presented persuasive evidence that he is eligible for the Air Force Outstanding Unit Award 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 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 AFBCMR Docket Number 02-00485 in Executive Session on 22 August 2002, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 3 Feb 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPR, dated 15 May 02.
   Exhibit D.  Letter, SAF/MRBR, dated 7 Jun 02.