RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02234 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: His award of the Vietnam Service Medal (VSM), Republic of Vietnam Campaign Medal (RVCM), and the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P) (Administratively Corrected) be added to his DD Form 214, Report of Transfer or Discharge, issued in conjunction with his 7 Jul 72 release from active duty. ________________________________________________________________ THE APPLICANT CONTENDS THAT: His National Guard Bureau (NGB) Form 22, Report of Separation and Record of Service, issued in conjunction with his 1 Jul 89 retirement from the Kansas Air National Guard (KSANG) reflects that he was awarded the decorations; however, they are not listed on his DD Form 214. In support of his appeal, the applicant provides a copy of his DD Form 214, issued 7 Jul 72 and NGB Form 22, issued 1 Jul 89. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: Based on the available records, the applicant served on active duty from 10 Jul 68 – 7 Jul 72. He was credited with 3 years, 11 months, and 26 days of active service, including 1 year, 10 months, and 15 days of foreign service. In addition, the applicant’s record reflects that he served in Japan and Ching Chuan Kang (CCK) Air Base, Taiwan, from 17 Mar 70 – 6 Jul 72. His record will be administratively corrected to reflect award of the RVNGC w/P. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPAPP recommends denial, stating, in part, after a thorough review of the applicant’s military records, they could confirm that the applicant was assigned to Okinawa Japan from 4 Mar 70 – 4 Sep 71. His records show that he performed a temporary duty (TDY) beginning on 10 Jan 69 for 104 days while assigned at Dyess AFB TX. They could confirm the applicant was TDY to Japan; however, they could not confirm how long he was at either location. The complete AFPC/DPAPP evaluation is at Exhibit C. AFPC/DPSIDR recommends denial of the VSM and the RVCM; they were not able to verify the applicant’s entitlement to the requested awards. No documents were located or provided within the applicant’s service record to verify his service in the areas of eligibility for entitlement to the requested awards. The Directorate of Assignments was unable to locate documentation to confirm the applicant’s service in Vietnam, Thailand, Laos, and/or Cambodia. The complete AFPC/DPSIDR evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 14 Jan 11 for review and comment within 30 days. As of this date, no response has been received by this office (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 error or injustice warranting corrective action. After careful consideration of the applicant’s complete submission, the majority of the Board is convinced that the applicant’s record should be corrected to reflect the requested awards. They note the opinions and recommendation by the Air Force offices of primary responsibility (OPRs) and concede that while the applicant’s record does not conclusively reflect his service in Vietnam, it does reflect that he was TDY to an overseas location and the OPR has indicated his records confirms his entitlement to the RVNGC, w/P. Additionally, the NGB Form 22, which captures the applicant’s total career, reflects that he was awarded the RVNGC, w/P, the VSM and the RVCM. Therefore, the Board majority believes that any doubt should be resolved in the applicant’s behalf. In view of the expressed rationale, the majority of the Board recommends the applicant’s record be corrected to the extent 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 his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, issued 7 July 1972, Item 24, Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized be amended to reflect the Vietnam Service Medal (VSM) and the Republic of Vietnam Campaign Medal (RVCM). ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-02234 in Executive Session on 23 February 2011, under the provisions of AFI 36-2603: By a majority vote, the members voted to correct the record, as recommended. XXX voted to deny and did not desire to submit a minority report. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 14 Jun 10. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPAPP, dated 2 Nov 10. Exhibit D. Letter, AFPC/DPSIDR, dated 29 Dec 10. Exhibit E. Letter, SAF/MRBR, dated 14 Jan 11. Panel Chair