RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03573 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he was awarded the Air Force Commendation Medal (AFCM) and all appropriate awards earned by the 37th Tactical Fighter Wing (TFW), Phu Cat AB, Republic of Vietnam. ________________________________________________________________ APPLICANT CONTENDS THAT: He was assigned to the 37th Tactical Wing in Phu Cat, Vietnam and Detachment 1, 612th Tactical Fighter Squadron. He left Vietnam on emergency leave before completing his tour. He was not considered for these awards because his unit did not have his records since he hand-carried them when he left. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s records reflect he commenced his enlistment in the Regular Air Force on 24 Mar 67. The applicant’s Airman Performance Report (APR), rendered for the period 24 Mar 68 through 15 Nov 68, reflects he was assigned to Det 1, 612th Tactical Fighter Squadron, Phu Cat AB, Vietnam. The applicant was furnished an honorable discharge certificate on 31 Jan 74. He was credited with 6 years, 11 months, and 8 days of active service. According to the applicant’s DD Form 214, Report of Transfer or Discharge, he was awarded the AFOUA. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends denial of the applicant’s request for the AFCM and the AFOUA with Valor (AFOUA w/V). His entitlement to the AFCM could not be verified and the applicant has included no evidence to indicate he was recommended for or awarded the award. The AFCM is awarded to service members who, while serving in any capacity with the Air Force after 24 Mar 58, shall have distinguished themselves by meritorious achievement or service. The degree of merit must be distinctive, though it need not be unique. The official documentation required to verify the award of a decoration is a special order. Retirees and veterans may pursue award of the AFCM under the provisions of Title 10, Section 1130, United States Code. The law allows for submission of award recommendations (and the upgrading of previously approved awards) without regard to any previously imposed time constraints for submission if referred by a Member of Congress. The requests must be referred to the Secretary of the Air Force by a Member of Congress through the Secretary of the Air Force Liaison Office. In order for a request to be reasonably considered under the provision of this law, the following award package must contain a reconstructed award recommendation, a narrative citation of the action(s) for which the airman is being recognized and eyewitness statements attesting to the act(s) of valor or service performed, sworn affidavits, certificates, and any other related documentation. As for the AFOUA w/V, while the 37th Combat Support Group was awarded the AFOUA w/V, there were no records indicating that Detachment 1, 612 TFS shared in the award. As for his requests related to awards earned by the 37th TFW, a review of his records revealed the applicant is entitled to the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with palm, the Vietnam Service Medal with three Bronze Service Stars, and the Air Force Longevity Service Award and his records will be corrected administratively. The complete AFPC/DPSID evaluation, with attachment, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 22 Oct 12, for review and comment within 30 days (Exhibit D). 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 injustice with respect to the applicant’s request for the Air Force Commendation Medal or the Air Force Outstanding Unit Award with Valor device. 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 that relief beyond that already granted administratively is not warranted. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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-2012-03573 in Executive Session on 11 Apr 13, under the provisions of AFI 36-2603: , Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Forms 149, dated 7 Aug 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 9 Oct 12, w/atch. Exhibit D. Letter, SAF/MRBR, dated 23 Oct 12.