RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2003-00393

	 	COUNSEL:  XXXXX

	 	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded the Air Medal, First Oak Leaf Cluster (AM, 1 OLC) and the Presidential Unit Citation (PUC).

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THE APPLICANT CONTENDS THAT:

These awards were all omitted.

In support of the appeal, the applicant submits copies of his DD Forms 214, Armed Forces of the United States Reports of Transfer or Discharge, rendered in conjunction with his 15 November 1957 release from active duty and his 9 September 1966 and 20 October 1969 separations.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force (RegAF) on 26 July 1954 for a period of four years.  He was released from active duty on 15 November 1957 and transferred to the Air Force Reserve (AFRes).  On 9 September 1958, he was honorably discharged from the AFRes and enlisted in the RegAF on 10 September 1958, for a period of four years.  He was progressively promoted to the grade of staff sergeant (E-5).

From 14 June 1965 to 23 June 1966, he was assigned to the XXXth Photographic Squadron, at Tan Son Nhut AB, Republic of Vietnam, as a still photographer.  

The applicant’s AF Form 7, Airman Military Records, indicates that he completed 72 out-of country combat missions from August 1965 to June 1966, as defined in ALMAJCOM Message 421/66.

Headquarters 2nd Air Division special order G-87, dated 2 February 1966, awarded him the Air Medal (AM) for meritorious achievement while participating in sustained aerial flight as a combat crew member in Southeast Asia from 30 July 1965 to 31 December 1965.

He retired on 1 June 1975 in the grade of staff sergeant.

A DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, was prepared on 16 June 2003, correcting his DD Form 214, issued in conjunction with his retirement, to include the VSM and RVCM in item 26.

The Air Medal (AM) is awarded for heroic or meritorious achievement while participating in aerial flight.

The Presidential Unit Citation (PUC) is awarded for extraordinary heroism in action against an armed enemy occurring on or after 7 December 1941.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends the applicant’s request for award of the AM, 1 OLC, and the PUC be denied.  AFPC/DPPPR states, in part, that they notified the applicant that there was no official documentation in his records that showed he was awarded the AM, 1 OLC, and gave him 30 days to send a legible copy of the order awarding him the AM, 1 OLC.  However, he did not respond.  In addition, the unit to which he was assigned in Vietnam was not awarded the PUC.

The AFPC/DPPPR evaluation is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 17 June 2003 for review and response within 30 days.  However, as of this date, this office has received no response.

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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.  After a thorough review of the evidence of record and applicant’s submission, we find no evidence that he was awarded the AM, 1 OLC, or was assigned to a unit that was entitled to the PUC.  Applicant’s contentions are duly noted; however, we do not find these assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force.  The office of primary responsibility has adequately addressed his contentions and we agree with their opinions and adopt the rationale expressed as the basis for our decision that he has failed to sustain his burden that he has suffered either an error or an injustice.  Hence, we find no compelling basis to recommend granting the relief sought.

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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 Docket Number BC-2003-00393 in Executive Session on 17 September 2003, under the provisions of AFI 36-2603:

				Panel Chair
				Member
				Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 27 Jan 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 2 Jun 03.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Jun 03.

                                   
                                   Panel Chair