RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER: BC-2008-02269 INDEX CODE:	107.00
COUNSEL:	NONE HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
The Army Good Conduct Medal (GCM) and the Armed Forces Expeditionary Medal (AFEM) be added to his DD Form 214, Armed Forces of the United States, Report of Separation.

APPLICANT CONTENDS THAT:
His Republic of Vietnam “in country” service was during July 1965. He was never given either award, and by regulation, he is entitled to both.

In support of his request, the applicant provided a copy of his DD Form 214, a copy of his AF Form 75, USAF Airman Performance Report, a copy of his reassignment Special Orders, and a fact sheet on the Vietnam Service Medal (VSM).

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

STATEMENT OF FACTS:

The Air Force Personnel  Center verified the applicant was entitled to the AFEM and have administratively corrected the applicant’s records. He was issued a DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, reflecting award of the AFEM with one Bronze Service Star.

The applicant entered the Regular Air Force on 31 Aug 60 and was honorably discharged on 28 Apr 64 for Convenience of the Government.

Records indicate that on or 6 Mar 62, the applicant received an Article 15, Record of Non-judicial Punishment, for stealing five pounds of hamburger with a value of about $2. On 7 Mar 62, he was reduced to the grade of airman third class He was denied the GCM for the period 31 Aug 60 to 7 Mar 62.  The Air Force Good

Conduct Medal was authorized by Congress on 6 Jul 60; however, it was not created until 1 Jun 63.

During wartime, the GCM may be awarded on completion of one year of continuous service rather than the three years normally required. Executive Order 9323, dated 31 Mar 43, lowered the time limit for service during World War II, and later amended by Executive Order 10444, dated 10 Apr 53, which applied the one- year ruling to the Korean Conflict and to any future period in which the U.S. is at war, including Vietnam.

AIR FORCE EVALUATION:
AFPC/DPSIDR recommends denial. The applicant was denied the GCM for the period 31 Aug 60 to 7 Mar 62 and the Vietnam War did not begin until after his enlistment.

The complete AFPC/DPSIDR evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 1 Aug 08 for review and comment within 30 days (Exhibit D). As of this date, this office has not received a response.

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 office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the 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 Docket Number BC- 2008-02269 in Executive Session on 17 September 2008, under the provisions of AFI 36-2603:

Panel Chair 
Member
Member
The following documentary evidence was considered: Exhibit A.	DD Form 149, w/atchs, undated.
Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Memorandum, AFPC/DPSIDR, dated 9 Jul 08. Exhibit D.	Letter, SAF/MRBR, dated 1 Aug 08.