RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03452 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he was awarded and Republic of Vietnam Campaign Medal (RVCM). ________________________________________________________________ APPLICANT CONTENDS THAT: His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, does not reflect his RVCM. He was sent the medal sets but never received any paperwork to include orders and/or citations. The applicant’s complete submission, with attachments, is at Exhibit A. _________________ ______________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records indicate that he enlisted in the Regular Air Force on 24 Jan 62 and served on active duty until 13 Dec 65, when he was honorably discharged at the expiration of his term of service and was credited with 3 years, 10 months, and 20 days of total active service. The DD Form 214 issued in conjunction with his 13 Dec 65 separation, reflects 2 years and 1 month of foreign service. According to a 12 Mar 65 paid travel voucher contained in the applicant’s military personnel records, he was designated as a crew member on an airlift mission that flew through Vietnam. On 20 Sep 12, AFPC/DPAPP notified the applicant that they were able to verify his foreign service at Tan Son Nhut AB, Republic of Vietnam for one day, 6 Mar 65. This foreign service time is reflected on the applicant’s DD 214, therefore a correction of his foreign service was not needed. ________________________________________________________________ POLICY AND LAW: The Vietnam Service Medal (VSM), created on 8 Jul 65, is awarded to all service members of the Armed Forces who, between 4 Jul 65 and 28 Mar 73, served in the following areas of Southeast Asia: in Vietnam and the contiguous waters and airspace; in Thailand, Laos or Cambodia or the airspace there over and in the direct support of military operations in Vietnam. The specific eligibility criteria requires; or serve on temporary duty (TDY) for 30 consecutive or 60 nonconsecutive days, although these time limitations may be waived for personnel participating in actual combat operations. However, no member may be issued both the AFEM and the VSM for service in Vietnam. The Republic of Vietnam Campaign Medal (RVNCM) is awarded to members who: (1) served for six months in South Vietnam during the period 1 Mar 61 and 28 Mar 73; (2) served outside the geographical limits of South Vietnam and contributed direct combat support to the RVN Armed Forces for an aggregate of six months--only members who meet the criteria established for the AFEM (Vietnam) or the VSM during the period required are considered to have contributed direct combat support to the RVN Armed Forces; (3) did not complete the six-month length of service required in (1) and (2) but who, during wartime, were (a) wounded by the enemy (in a military action), (b) captured by the enemy during action or in the line of duty but later were rescued or released, killed in action or in the line of duty; (4) were assigned in Vietnam on 28 Jan 73, and who served a minimum of 60 calendar days in Vietnam during the period 29 Jan 73 to 28 Mar 73. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends denial, indicating that after a thorough review of the applicant’s official military personnel record and documentation provided, they were unable to verify the service member met the criteria for award of the RVCM. While the applicant’s foreign service in Vietnam was verified, he did not perform the requisite six months of service in support of operations within the Republic of Vietnam. A review of the applicant’s records revealed that he should have been awarded the National Defense Service Medal (NDSM); Vietnam Service Medal with one Bronze Service Star (VSM w/1BSS); and Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P) and his official military personnel records will be administratively corrected by AFPC/DPSOY. A complete copy of the AFPC/DPSID evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 10 Dec 12 for review and comment within 30 days. 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 an error or injustice with respect to the applicant’s request for the Republic of Vietnam Campaign Medal (RVCM). After a thorough review of the evidence of record and the applicant’s complete submission, we do not find the evidence presented by the applicant is sufficient to convince us he should have been awarded the RVCM. In this respect, we note the comments of the AFPC/DPSID indicating there is no documentation contained in the applicant’s submission or his military personnel records indicating that he served in the Republic of Vietnam for the requisite six months, or supported operations from outside the Republic of Vietnam for an aggregate of six months in order to be eligible for the RVCM. We also note the Air Force OPR has determined the applicant’s eligibility for the award of the National Defense Service Medal (NDSM), Vietnam Service Medal with one Bronze Service Star (VSM w/1BSS), and Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P) and will correct his records administratively. Therefore, in the absence of evidence to the contrary, we find no basis for us to recommend granting relief beyond that rendered administratively. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material 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-2012-03452 in Executive Session on 21 Mar 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-03452 was considered: Exhibit A. DD Form 149, dated 1 Aug 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 19 Nov 12. Exhibit D. Letter, SAF/MRBR, dated 10 Dec 12. Panel Chair