RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02424
		INDEX CODE:  107.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO 

_________________________________________________________________

APPLICANT REQUESTS:

It appears applicant’s request is to have his records corrected to reflect award of the following decorations.

		Purple Heart (PH) Medal
		Air Force Commendation Medal (AFCM)
		Combat Readiness Medal (CRM)
		Cold War Victory Medal
		Senior Weapons Controller/Maintenance Badge
		Republic of Vietnam Gallantry Cross Unit Citation (RVNGCUC) 

Since the following decorations are reflected on the applicant’s DD Form 214, no Board action is required on this portion of his request: Air Force Good Conduct Medal (AFGCM), National Defense Service Medal (NDSM), Small Arms Expert Marksmanship Ribbon (SAEMR), Vietnam Service Medal (VSM) and Republic of Vietnam Campaign Medal (RVCM).

The Armed Forces Expeditionary Medal (AFEM), the Korean Defense Service Medal (KDSM), Air Force Outstanding Unit Award, with Valor (AFOUA w/V), and the Republic of Vietnam Gallantry Cross, with Palm (RVNGC w/P), have been administratively awarded; hence, no Board correction is required.
_________________________________________________________________

APPLICANT CONTENDS THAT:

Due to his distinguished meritorious service to his Country, he is entitled to the aforementioned awards and decorations and requests recognition.

He was injured when a rocket or mortar hit phone lines and exploded approximately 20 feet above ground.  The shock blew him off the road and his foot was caught in a hole or trench.  The explosion wrenched his knee and made a negative impact on his hearing.

In support of his request, applicant submits a personal statement, a copy of his DD Form 214, a copy of AF Form 7 (Airman Military Record) and additional documents associated with the issues cited in his contentions.  The applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his enlistment in the Regular Air Force on 9 December 1965 for a period of four years.  He was progressively promoted to the grade of staff sergeant (E-5), with an effective date and date of rank of 1 February 1969.  The applicant was released from active duty and transferred to the Air Force Reserve (Obligated Reserve Section) on 8 July 1969.  He had completed a total of three years and seven months and was serving in the grade of E-5 at the time of separation.  On 8 December 1971, he was relieved from his Reserve assignment and honorably discharged from the Air Force Reserve.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends the application for award of the Purple Heart (PH) and the Air Force Commendation Medal (AFCM) be denied.

DPPPR states the applicant is ineligible for award of the Combat Readiness Medal (CRM).  DPPPR found no documentation in the applicant’s military records to indicate verification of being in a combat-ready position by his major command.  DPPPR indicates that the Cold War Victory Medal is a commemorative medal not sanctioned by the Department of Defense (DoD).  The Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P) and the Republic of Vietnam Gallantry Cross Unit Citation (RVNGCUC) are foreign awards not stocked or issued by DoD.  The applicant may obtain these awards from a commercial source that sells military supplies.  The Senior Weapons Controller/Maintenance Badge is an official Air Force badge.  Its wear and authorization is not determined by DPPPR, but by the Field Activities Division.

DPPPR states there is no evidence in the applicant’s medical or military personnel records provided that he had been injured as a direct result of enemy action, which does not warrant award of the PH.  Additionally, DPPPR could not substantiate the applicant was recommended for or awarded the AFCM.  The applicant did not respond to a letter requesting additional documentation to substantiate his claims.  The HQ AFPC/DPPPR evaluation, with attachments, is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 21 January 2005 for review and response.  As of this date, no response has been received by this office (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 concerning the applicant’s request for award of the Purple Heart (PH), Air Force Commendation Medal (AFCM) and the Combat Readiness Medal (CRM).  After reviewing the evidence of record, we are unpersuaded that the applicant’s records are in error or that he has been the victim of an injustice.  His contentions are duly noted; however, in our opinion, the detailed comments provided by the Air Force office of primary responsibility adequately address those allegations.  We, therefore, agree with the opinions and recommendations of the Air Force and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden that he has suffered either an error or an injustice.  We do not wish to deprive the applicant of awards to which he is entitled; however, based on the evidence before us, we have no recourse but to conclude that his request for the PH, AFCM and CRM should be denied.  As to the Cold War Victory Medal, Senior Weapons Controller/Maintenance Badge and the Republic of Vietnam Gallantry Cross Unit Citation (RVNGCUC), we note that HQ AFPC/DPPPR has addressed applicant’s concerns regarding these decorations and has provided information on how he can obtain the foreign awards.  In view of the foregoing and absent evidence to the contrary, we find no compelling basis to recommend favorable action on the applicant’s request for award of the PH, AFCM and CRM.
_________________________________________________________________

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 this application in Executive Session on 7 April 2005, under the provisions of AFI 36-2603:

The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2004-02424.

   Exhibit A.  DD Form 149, dated 26 Jul 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, undated.
   Exhibit D.  Letter, SAF/MRBR, dated 21 Jan 05.