RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBERS: BC-2009-00921 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Armed Forces of the United States Report of Transfer of Discharge, be corrected to reflect 2 years and 7 months foreign service in Block 22c rather than 2 years, 4 months, and 25 days; and, award of the Republic of Vietnam Campaign Medal (RVNCM) or unit citation. In his rebuttal to the Air Force advisory opinion, the applicant requests his records be corrected to reflect the RVNCM, Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P), and the Air Force Outstanding Unit Award with Valor and two Bronze Oak Leaf Clusters (AFOUA w/V and 2OLC). In addition, his DD Form 256 AF, Honorable Discharge Certificate, be corrected to reflect September 1971 rather than September 1967. _________________________________________________________________ APPLICANT CONTENDS THAT: He spent an 18 month tour of duty in the Philippines and a 13 month tour of duty in Korea; therefore, his foreign service should reflect two years and seven months. He served in Vietnam from May 1968 to October 1969 so he is entitled to be awarded the RVNCM or unit citation. In support of his appeal, the applicant provides copies of his DD Form 214; permanent change of station (PCS) orders, assignment orders, Combat Missions/SEA Service Certificate, temporary duty (TDY) orders, a Request and Authorization for Separation Special Order, and an honorable discharge certificate. The applicant’s complete submission (three – DD Forms 149), with attachments, is at Exhibits A-1, A-2, and A-3. _________________________________________________________________ STATEMENT OF FACTS: On 29 September 1967, the applicant enlisted in the Regular Air Force at the age of 18 in the grade of airman basic (E-1). He was progressively promoted to the rank of sergeant (E-4) with a date of rank of 1 June 1970. According to the applicant’s Air Force Form 7, Airman Military Record, he served in the Philippines from 2 July 1968 to 26 October 1969 and in Korea from 27 October 1969 to 27 November 1970. The applicant was honorably discharged from active duty, in the grade of sergeant, effective 28 September 1971 for completion of required active service after serving four years on active duty. Subsequent to the applicant’s appeal, on 4 June 2009, AFPC/DPAPP, wrote the applicant requesting documents that verified he served time in Vietnam, Korea, and the Philippines. In response, he submitted three copies of blanket TDY orders with variations authorized to Japan, Taiwan, Thailand, the Republic of Korea, and Republic of Vietnam; his AF Form 7, and an Aeronautical Order designating the applicant as a non-crew member required to participate frequently and regularly in aerial flights. On 7 October 2009, AFPC/DPSIDR notified the applicant that they were able to verify his entitlement to the Korean Defense Service Medal (KDSM) while assigned to Camron Air Base, Korea from 27 October 1969 to 27 November 1970; and, that his record will be corrected by the Retirements and Separations Section. DPSIDR indicated they were unable to verify his entitlement to the RVNCM. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denying the applicant’s request for Vietnam service awards. Without official documentation to verify his assigned units being awarded any unit citations, they must also recommend disapproval. DPSIDR states that the RVNCM is awarded to members of the Armed Forces of the United States who served for six months in South Vietnam during the period 1 March 1961 and 28 March 1973. DPAPP was able to verify the applicant having boots on the ground in Vietnam from 2 April 1969 to 5 April 1969 (4 days); therefore, making him ineligible for award of the RVNCM. According to the Department of Defense Instruction Manual 1348.33 (DoD 1348-33-M) in order to verify entitlement to the Vietnam Service Medal (VSM) the member has to have served on temporary duty for 30 consecutive days or 60 non-consecutive days in the area of responsibility. In regard to his request to change the date on his DD Form 256 to reflect September 1971 rather than September 1967, the applicant is referring to his discharge certificate, dated 28 September 1967, which was issued for his discharge from the Air Force Reserve. His records reveal he was issued a DD Form 256, dated 28 September 1971 when he was discharged from the Regular Air force; therefore, no correction is required. The complete AFPC/DPSIDR evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant responds that thus far all things have been corrected on his DD Form 214 except for his time served in Vietnam and Thailand. In support of his appeal, he submits copies of a fellow veteran’s notarized documentation asserting they served in the Philippines together for an 18 month tour maintaining and flying on C-118 aircraft; and, again serving together for 13 months in Korea working on C-47 aircraft. His fellow veteran was able to get his DD Form 214 corrected to reflect the time he spent in Southeast Asia; therefore, getting his records corrected to reflect award of the RVNCM, RVNGC w/P, and the AFOUA w/V and 2OLC. He requests his records be corrected to reflect the same awards. The applicant’s rebuttal, 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. Sufficient relevant evidence has been presented to demonstrate the existence of an injustice. The Board majority is persuaded by the applicant’s assertions and the evidence he provided concerning a fellow veteran, who was assigned with him during the period in question. We note the fellow veteran’s record was administratively corrected by the Air Force Personnel Center to reflect the awards the applicant is asking for using the same blanket orders provided by the applicant. Therefore, a majority of the Board is persuaded that it is possible he was entitled to the same awards for the same timeframe. Accordingly, it is the majority of the Board’s opinion that any doubt should be resolved in the applicant’s favor. Therefore, the majority of the Board recommends his record be corrected as 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: 1. His DD Form 214, Block 22c, Foreign and/or Sea Service, be corrected to show 2 years, 7 months, and 0 days rather than 2 years, 4 months, and 25 days 2. He was awarded the RVNCM, RVNGC w/P, and the AFOUA w/V and 2OLC. _________________________________________________________________ The following members of the Board considered this application in Executive Session on 21 January 2010, under the provisions of AFI 36-2603: , Panel Chair , Member , Member By a majority vote, the Board voted to correct the record as recommended. Mr. Parker voted to deny the applicant’s appeal, but elected not to submit a minority report. The following documentary evidence for AFBCMR Docket Number BC-2009-00921 was considered: Exhibit A-1. DD Form 149, dated 28 Feb 09, w/atchs. Exhibit A-2. DD Form 149, dated 28 Feb 09, w/atchs. Exhibit A-3. DD Form 149, dated 28 Feb 09, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 27 Aug 08. Exhibit D. Letter, SAF/MRBR, dated 13 Nov 09. Exhibit E. Letter, Applicant, dated 22 Nov 09. Panel Chair