RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-03222
		INDEX CODE:  107.00
	XXXXXXX	COUNSEL:  NONE

							   HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Airman's Medal (AMNM), Air Force Achievement Medal (AFAM), Air Force Good Conduct Medal (AFGCM), Vietnam Service Medal (VSM), Armed Forces Services Medal (AFSM), Air Force Overseas Ribbon-Long Tour (AFOSR-L), and the Air Force Training Ribbon (AFTR). 

_________________________________________________________________

APPLICANT CONTENDS THAT:

His DD Form 214, Armed Forces of the United States Report or Transfer, does not match up with his AF Form 7, Airman Military Record.

In support of his application, he provides a personal statement, a copy of his NA Form 13059, Transmittal of and/or Entitlement to Awards, a copy of his DD Form 214, Armed Forces of the United States Report or Transfer, a copy of his AF Form 7, Airman Military Record, copies of his AF Form 75, USAF Airman Performance Report, copies of AF Forms 77a, Supplemental Sheet,  and Air Force training certificates.  

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic on 29 January 1962 for a period of four years. On          14 February 1966, the applicant was honorably discharged after serving 3 years, 11 months and 27 days of total active duty.

On 30 January 2008, AFPC/DPSIDR corrected the applicant’s records to reflect entitlement to the National Defense Service Medal (NDSM) and the Small Arms Expert Marksmanship Ribbon (SAERMR) (Exhibit B).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSO recommends denial and states that after a review of the applicant’s records, there is no documentation to show his entitlement to the remaining awards and medals requested. 

AFPC/DPSIDR’s complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the Air Force evaluation and states he disagrees with the portion of the evaluation that denied his entitlement to the AFGCM and the VSM.  Regarding the VSM, he admits he never served in country in Vietnam, but he notes the Air Force advisory mentions the airspace over Vietnam, Laos, Thailand, and Cambodia as qualifying factors for award of the VSM.  In this regard, he states he served in Guam during the Vietnam War where the B52 Bombers that dropped bombs on the affected areas were based.  

Additionally, he points out DPSIDR’s parenthetical statement that during a period of war, eligible members may qualify for award of the AFGCM with only one year of service versus the three years normally required.  He states he served longer than a year during the Vietnam War and is therefore eligible. 

Applicant's complete response is at Exhibit E.

_________________________________________________________________

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 note that, on 30 January 2008, DPSIDR advised the applicant that his DD Form 214 had been administratively corrected to reflect award of the National Defense Service Medal and the Small Arms Expert Marksmanship Ribbon.  In regards to the applicant's contention that he is entitled to the VSM and the AFGCM, we agree with DPSIDR and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  However, in his rebuttal submission, the applicant contends he is eligible for award of the AFGCM based on a statement by DPSIDR that during a period of war, members need only serve one year to qualify for award of the AFGCM.  We note, in his case, that the one year of service must have been served in Vietnam for him to have qualified.  He has plainly stated that he never served in Vietnam and is therefore not eligible for award of the AFGCM under that criterion.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the remaining relief sought in this application.

_________________________________________________________________

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.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2007-03222 in Executive Session on 29 April 2008, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20Sep 07, w/atchs.
    Exhibit B.  Letter, AFPC/DPSIDR, dated 30 Jan 08.
    Exhibit C.  Letter, AFPC/DPSIDR, dated 30 Jan 08.
    Exhibit D.  Letter, SAF/MRBR, dated 22 Feb 08.
    Exhibit E.  Applicant Response, dated 11 Mar 08.