RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01013
		INDEX CODE:  107.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to show that he was awarded the Distinguished Flying Cross (DFC) and the Vietnam Service Medal (VSM).

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APPLICANT CONTENDS THAT:

He had the VSM presented to him in 1969 in Okinawa, along with the Air Medal, at an award ceremony.

In support of the appeal, applicant submits a copy of his personnel records related to his Vietnam service.

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

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 8 April 1966 for a period of four years.  He was progressively promoted to the grade of airman third class on 9 May 1966, the grade of airman second class on 1 May 1967, and the grade of sergeant on 1 July 1968.  He received five Airman/Enlisted Performance Reports, closing 7 April 1967, 7 April 1968, 7 October 1968, 7 January 1969 and 14 December 1969, in which the promotion recommendations were “Highly Recommended for Air Force Career,” “Highly Recommended for Air Force Career,” “7,” “8,” and “8.”  He received the National Defense Service Medal, the Armed Forces Expeditionary Medal, and the Air Force Good Conduct Medal.

The applicant was released from active duty on 6 June 1970, in the grade of sergeant.  He served 4 years, 1 month and 29 days on active duty.

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AIR FORCE EVALUATION:

AFPC/DPPPR states that the VSM criteria states that “Personnel previously awarded the Armed Forces Expeditionary Medal for service in Vietnam between July 1958 and July 1965, may, upon request, exchange that medal for the VSM.  No one is authorized to wear both medals solely for services in Vietnam.”  Applicant was not in Vietnam between July 1958 and July 1965, therefore, this option does not apply to him.  The AFEM was awarded for service in South Vietnam, before the Vietnam Service Medal was issued.

On 13 April 2004, a letter was sent to applicant requesting additional documentation and a copy of his TDY orders and Travel Voucher.  He did not respond.  Instead, he filed another DD Form 149, asking again for the DFC and VSM.  He did not provide any supporting documentation with the new DD Form 149.  The applicant may pursue the DFC under the provisions of the 1996 National Defense Authorization Act (NDAA).  The timeline for submitting decorations to include the DFC is two years from the date of the act or achievement.  However, under the Fiscal Year 1996 National Defense Authorization Act (NDAA), (Section 526), which was enacted into law on 10 February 1996, this timeline has now been waived.  This act provides a process for veterans to be recommended for decorations if someone (a previous supervisor or commander), other than the veteran, with first hand knowledge of the act, service, or achievement submits a written justification for the decoration through a member of congress.  Therefore, they recommend denial of applicant’s request.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 6 August 2004, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days.  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.  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 the conclusion that the applicant has not been the victim of an error or injustice.  We note a letter was sent to the applicant requesting additional documentation and a copy of his TDY orders and Travel Voucher.  However, he did not respond.  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 in Executive Session on 30 September 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 23 Mar 04, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPPR, dated 23 Jul 04.
	Exhibit D.	Letter, SAF/MRBR, dated 6 Aug 04.