RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-01636
		INDEX CODE: 107.00

	APPLICANT	COUNSEL:  None

	SSN	HEARING DESIRED: No

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APPLICANT REQUESTS THAT:

He be awarded the Vietnam Service Ribbon, Air Force Overseas Short Term Ribbon and the Presidential Unit Citation.

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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 applicant served on active duty from 24 January 1968 through 21 January 1972.

AFPC/DPPPR determined that the applicant was eligible to receive the Air Force Outstanding Unit Award (AFOUA) with V device and 1 Oak Leaf Cluster, and the Republic of Vietnam Gallantry Cross with  Palm.  These  medals  were added to  his  DD  Form 214 on 18 September 2002.  Therefore, the only issues under consideration before the Board are his contentions that he is eligible for award of the Vietnam Service Medal (VSM), Presidential Unit Citation (PUC) and the Air Force Overseas Short Tour Ribbon.

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 on 13 June 2002, the applicant was notified there was no documentation in his records to verify his 
eligibility for the VSM.  The applicant was requested to provide documentation to support his request to show that he was regularly assigned as an air crewmember or that he was in Vietnam for 30 consecutive or 60 nonconsecutive days and if not, then withdraw his application.  He did not respond.

The applicant was also informed that he was not eligible to receive the PUC because his unit was not in combat and was not awarded this award.

The applicant was further informed that the Air Force Overseas Short Tour Ribbon was not established until 12 October 1980 and since he was separated on 21 January 1972, he was not eligible for this award.  They recommend the applicant's request for award of the VSM, PUC, and Air Force Overseas Short Tour Ribbon be denied.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 20 September 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 Air Force Outstanding Unit Award with V device and 1 Oak Leaf Cluster, the Republic of Vietnam Gallantry Cross with Palm.  However, the applicant has not presented persuasive evidence that he is eligible for the Vietnam Service Medal, Presidential Unit Citation and the Air Force Overseas Short Tour Ribbon he requests.  We therefore agree with the recommendation 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 02-01636 in Executive Session on 29 October 2002, under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 22 Apr 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPR, dated 5 Sep 02.
   Exhibit D.  Letter, SAF/MRBR, dated 20 Sep 02.

                                   
                                   Panel Chair