RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01647 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, reflect the following awards: a. Small Arms Expert Marksmanship Ribbon (SAEMR). b. Good Conduct Medal. c. Vietnam Medals and any additional awards he is entitled to (Administratively Corrected) APPLICANT CONTENDS THAT: The contested awards were omitted from his DD Form 214. The applicant’s complete submission is at Exhibit A. STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 5 August 1965. On 12 March 1969, the applicant was honorably released from active duty and transferred to the Air Force Reserve in the grade of sergeant under the provisions of AFM 39-10. He served 3 years, 7 months and 8 days on active duty and credited with 2 years, 6 months and 28 days of foreign and/or service. AIR FORCE EVALUATION: AFPC/DPSID recommends denial of award of the SAEMR and Good Conduct Medal. DPSID states the Small Arms Expert Marksmanship Ribbon is awarded to all United States Air Force members who after 1 January 1963, qualify as “expert” in small-arms marksmanship with either the M-16 rifle or issue handgun. Qualification as “expert” in both weapons after 22 June 1972 shall be denoted by a bronze service star worn on the service ribbon. There is no official documentation in the applicant’s official personnel records verifying he qualified as expert with either the M-16 rifle or issue handgun to be eligible for award of the SAEMR. The Good Conduct Medal is awarded to enlisted members who have honorably completed three continuous years of active military service subsequent to 26 August 1940, and who are recommended by their commanding officers for exemplary behavior, efficiency, and fidelity. This medal is only award to Airman prior to the establishment of the Air Force Good Conduct Medal on 1 June 1963. In accordance with Executive Order 8809, amended by Executive Order 9323, the Good Conduct Medal may also be awarded to service members who complete more than one year but less than three years of active federal military service if the Air Force Good Conduct Medal has not been previously awarded. The Good Conduct Medal is awarded for a one-year period of service during a time of war only when a formal declaration of war has been made and approved by the United States Congress. They were unable to verify award of the Good Conduct Medal. The applicant’s dates of service are after the awarding dates for award of the Good Conduct Medal. They were unable to determine the applicant fit the criteria for award of any additional awards. To grant relief would be contrary to the criteria established by DoDM 1348.33, Secretary of the Air Force, Chief of Staff, and/or the War Department. Based on their review of the applicant’s official military personnel record, they were able to determine that the Vietnam Service Medal with two Bronze Service Stars (VSM w/2BSS) and the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P) should have been awarded during the applicant’s service from 5 August 1965 to 12 March 1969 and was not reflected in his records. Upon final board decision, administrative correction of the applicant’s official military personnel record will be completed by AFPC/DPSOR. The DPSID complete evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 3 October 2014, a copy of the evaluation was forwarded to the applicant for review and response 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 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 recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has failed to sustain his burden of proof of the existence of an error or injustice. Therefore, other than the administrative corrections cited above, we find no basis to recommend granting any additional 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 the evidence presented did not demonstrate the existence of an 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-2014-01647 in Executive Session on 5 February 2015, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 31 May 2014. Exhibit B. Applicant’s Available Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 22 September 2014. Exhibit D. Letter, SAF/MRBR, dated 3 October 2014.