RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-03472 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect award of the Presidential Unit Citation (PUC), Air Force Outstanding Unit Award (AFOUA) and the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P). _________________________________________________________________ APPLICANT CONTENDS THAT: These awards were not on his DD Form 214. In support of his application, he provided a copy of VA Form 21- 413B, Department of Veterans Affairs Statement in Support of Claim, copies of Special Order GB-92, GB-856, GB-320 and AF Form 7, Airman Military Record. Applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 18 Oct 61, the applicant contracted his initial enlistment in the Regular Air Force. He was progressively promoted to the grade of staff sergeant having assumed that grade effective and with a date of rank of 1 Sep 68. He was honorably discharged on 6 Mar 69. He served 7 years, 4 months and 19 days on active duty. He served a tour in Vietnam with the 14th Aerial Port Squadron- Detachment 3, from 28 Apr 68 through 28 Apr 69. On 21 Oct 08, AFPC/DPSIDR informed the applicant his entitlement to AFOUA with one Oak Leaf Cluster and RVNGC w/P had been verified and his records will be corrected administratively. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSIDR recommends denial of his request for award of the PUC. DPSIDR states his entitlement to the PUC could not be verified. His unit in Vietnam did not receive the PUC. AFPC/DPSIDR's complete evaluation at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 7 Nov 08, for review and comment within 30 days. As of this date, no response has been received by this office. _________________________________________________________________ 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 an error or an injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and the recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has failed to sustain his burden of proof that he was assigned to a unit that received the PUC. Therefore, in the absence of evidence to the contrary, we do not find a sufficient basis to recommend granting the additional 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-2008-03472 in Executive Session on 15 Jan 09, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 19 Sep 08, w/atch. Exhibit B. Applicant's Master Military Personnel Records. Exhibit C. Letter, HQ AFPC/DPSIDR, dated 21 Oct 08. Exhibit D. Letter, SAF/MRBR, dated 7 Nov 08.