RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-04035 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: 1. His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge be corrected to reflect he was awarded Vietnam Era awards. 2. He be awarded the Air Force Outstanding Unit Award with 1 Oak Leaf Cluster (AFOUA w/1OLC). 3. He be awarded the Air Force Good Conduct Medal (AFGCM). _________________________________________________________________ APPLICANT CONTENDS THAT: The awards were either lost or omitted from his personnel files. In support of his request, the applicant provided a personal statement, copies of his DD Form 214, a copy of his request for documents form, SF Form 513, Clinical Record; copies of his Officer/Airman Separation Record, a letter from his former commander, his discharge package and a photo. His complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: Applicant’s military personnel records reflect he enlisted on active duty on 15 November 1972. On 31 August 1976, he was honorably discharged in the grade of sergeant. He served 3 years, 7 months and 17 days on active duty. The VSM is awarded to all service members of the Armed Forces who between 4 July 1965 and 28 March 1973, served in the following areas of Southeast Asia: in Vietnam and the contiguous waters and airspace; in Thailand, Laos, or Cambodia or the airspace thereof and in the direct support of military operations in Vietnam. The AFGCM is awarded to Air Force enlisted personnel for exemplary conduct during a three-year period of active military service, (or for a one-year period of service during a time of war). Persons awarded this medal must have had character and efficiency ratings of excellent or higher throughout the qualifying period, including time spent in attendance at service schools and there must have been no convictions of court martial during this period. The AFOUA is awarded to numbered units that have distinguished themselves by exceptionally meritorious service or outstanding achievement that clearly sets the unit above and apart from similar units. The services include: performance of exceptionally meritorious service, accomplishment of a specific outstanding achievement of national or international significance, combat operations against an armed enemy of the United States, or military operations involving conflict with or exposure to hostile actions by an opposing foreign force. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial. DPSIDR states without official documentation verifying the applicant was awarded the AFOUA w/1OLC while temporary duty (TDY) assigned to Florida, they are unable to verify entitlement. The AFGCM is awarded to enlisted personnel for three honorable years of exemplary conduct while on active military service of the United States. DPSIDR was unable to verify he served three years honorably during his active service. He received the National Defense Service Medal for his service during the Vietnam War. DPSIDR was unable to verify he was entitled to additional awards for serving on active duty during the Vietnam War. He would have had to serve on the ground in Vietnam or the surrounding areas of Vietnam to be eligible for additional Vietnam Era awards. The complete DPSIDR evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS: A copy of the Air Force evaluation was forwarded to the applicant on 25 November 2008 for review and comment within 30 days. As of this date, this office has received no response (Exhibit D). _________________________________________________________________ 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 available evidence and the applicant’s complete submission, we find no evidence which would persuade us that his records should be corrected to show he was awarded any of the awards requested. 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 basis to recommend granting the relief sought in this application. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. __________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of an 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-2008-04035 in Executive Session on 10 February 2009, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2008-04035 was considered: Exhibit A. DD Form 149, dated 3 November 2008, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C Letter, HQ AFPC/DPSIDR, dated 25 November 2008. Exhibit D. Letter, SAF/MRBR, dated 12 December 2008.