RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-01182 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect award of the Republic of Vietnam Gallantry Cross (RVNGC). _________________________________________________________________ APPLICANT CONTENDS THAT: A review of his records or his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, dated 14 Oct 68 should provide sufficient justification/evidence for award of the RVGCN. In support of his request, the applicant provided a copy of his DD Form 214 and DD Form 215, Correction to DD Form 214, Armed Forces of the United States Report of Transfer or Discharge. Applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 15 Mar 65, he contracted his initial enlistment in the Regular Air Force. He was progressively promoted to the rank of airman first class having assumed that grade effective and with a date of rank of 8 Dec 65. He served three years and seven months on active duty. AF Form 7, Airman Military Record, reflects he served in Vietnam from 22 Jul 67 through 18 Jul 68. On 26 Apr 99, AFPC/DPPRA informed him that during the time he served in Vietnam his unit was not eligible for the RVNGC. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSIDR recommends denial. DPSIDR states no official documentation was located to verify his eligibility for award of the RVNGC. HQ AFPC/DPSIDR's completion evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant provided a copy of the criteria for the RVNGC which states US Military units were individually cited for award of the RVNGC; however, the Vietnamese Government issued the award to all units subordinate to Military Assistance Command during the period 8 Feb 62 and 28 Mar 73 and to US Army Vietnam and its subordinate units for the period 20 Jul 65 to 28 Mar 73. This permits all personnel who served in Vietnam to wear the RVNGC. He questions whether this specifically is for US Army units or all military units. The applicant's complete response, with attachment, 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 error or injustice. After a thorough review of the available records, we found no evidence that the applicant is eligible for the award of the RVGCN. In regard to the applicant's request for clarification on whether the RVGCN is for US Army units only or all military units, the RVGCN is awarded by the Republic of Vietnam to units for heroic combat achievements; entitlement to the RVNGC is verified in accordance with DOD 1348.33M and AF Pamphlet 900-2. The unit must be listed in the AF Pamphlet or official documentation must be available that verifies the unit as being recognized for an award. Therefore, in the absence of such evidence, we agree with the opinion and recommendation of the Air Force office of primary responsibility and find no compelling basis to recommend granting the relief sought in this application. _________________________________________________________________ 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 this application in Executive Session on 25 Aug 09, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 23 Mar 09, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, HQ AFPC/DPSIDR, dated 23 Apr 09. Exhibit D. Letter, SAF/MRBR, dated 1 Jun 09. Exhibit E. Letter, Applicant, dated 8 Jun 09, w/atchs. Panel Chair