RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03262 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Report of Separation from Active Duty, be corrected to reflect the following: 1. He was awarded the Air Force Outstanding Unit Award with Combat Valor (AFOUA w/V). 2. He was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P). 3. He was awarded the Presidential Unit Citation (PUC). 4. He was awarded the Fourragere of the Gallantry Cross with Palm. 5. He was awarded the Air Force Longevity Service Award (AFLSA). ________________________________________________________________ APPLICANT CONTENDS THAT: He was assigned to the 23d Wing in October 1971 and remained with them until he was discharged on 25 August 1972. The 23d Wing had three squadrons: the 561st, the 562d and the 563d. He was originally with the 563d. The 563d and 562d were deactivated and he was reassigned to the 561st. His record should reflect he was awarded the AFOUA w/ Combat Valor (6 April 1972 to 27 January 1973) and the RVNGC w/P (1 April 1966 to 28 January 1973) for his service in with the 561st. He was on temporary duty (TDY) to Vietnam from April to May 1970 and assigned to the 834th Air Division. During this time, this unit was awarded the PUC. It was also awarded the Fourragere of the Vietnam Gross of Gallantry. He also qualifies for the Air Force Longevity Service Award for his service with the Air National Guard. In support of his request, the applicant provides excerpts from his master personnel record. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 27 August 1968. Data extracted from his master personnel record shows he was temporarily attached to the 834th Air Division from 7 April 1970 to 28 May 1970. He was also assigned to the 563d Tactical Fighter Wing from 10 July 1971 to 9 July 1972. He was honorably discharged from the Air Force on 25 August 1972. He was credited with 3 years, 11 months and 29 days of active duty service. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial. The applicant was awarded the RVNGC w/P as a result of an inquiry on 27 July 2011. Only one RVNGC w/P may be worn regardless of the number of times the decoration is awarded. The Fourragere of the Vietnam Cross of Gallantry with Palm is no longer recognized for wear by the Department of Defense (DOD). The criteria for the award of the AFLSA is four years of active military service. The applicant’s record verifies he served on active duty for 3 years, 11 months and 29 days, which does not meet the criteria for this award. Therefore, he is not entitled to the award of the AFLSA. A review of the applicant’s master personnel records failed to substantiate the applicant’s entitlement to the PUC, AFOUA w/ V and additional award of the RVNGC w/ P. The complete DPSIDR evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reiterates he is entitled to the AFLSA as he served with the National Guard for a short time after the war. He was discharged on 3 March 1975. He also restates his service with the 834th Air Division, 561st Tactical Fighter Squadron and the 563d Tactical Fighter Squadron which entitles him to the decorations that he seeks. The applicant’s complete response, with attachments, 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 an error or injustice with respect to the applicant’s request for the AFOUA w/V, PUC, RVNGC w/P and the Fourragers of the Vietnam Cross of Gallantry w/P. 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 relief is warranted. 4. Notwithstanding the above, sufficient relevant evidence has been presented to demonstrate the existence of error or injustice regarding award of the AFLSA. We note the recommendation of denial by the Air Force office of primary responsibility due to the applicant’s period of active duty service being short of the requisite time needed to obtain the award. However, we note the applicant’s separation was in conjunction with a weekend and it appears his early separation may have been for the convenience of the Air Force. Therefore, we believe the applicant’s two day shortfall was through no fault of his own and we elect to resolve any doubt in this matter in favor of the applicant. Therefore, we recommend the records be corrected to the extent indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 25 August 1972 he was awarded the Air Force Longevity Service Award. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-03262 in Executive Session on 26 April 2012, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary pertaining to AFBCMR Docket Number BC- 2011-3262 was considered: Exhibit A. DD Form 149, dated 21 Aug 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 21 Dec 11. Exhibit D. Letter, SAF/MRBR, dated 13 Jan 12. Exhibit E. Applicant’s Response, dated 19 Jan 12, w/atchs.