RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01469 XXXXX COUNSEL: NONE HEARING DESIRED: NO _______________________________________________________________ APPLICANT REQUESTS THAT: He be entitled to the Vietnam Campaign Medal (VCM). _______________________________________________________________ APPLICANT CONTENDS THAT: The applicant makes no contentions. In support of his request the applicant provides copies of his DD Form 214, Certificate of Release or Discharge from Active Duty; DD Form 215, Correction to DD Form 214 and AF Forms 626, Temporary Duty Order – Military. His complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. _______________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends denial of the applicant’s request for entitlement to the VCM. DPSID states that the VCM is awarded to members of the Armed Forces of the United States who between 1 Mar 1961 and 28 Mar 1973; served for six months in South Vietnam during this period; or served outside the geographical limits of South Vietnam and contributed direct combat support to the Republic of Vietnam Armed Forces for an aggregate of six months. Only members of the Armed Forces of the United States who meet the criteria established for the Armed Forces Expeditionary Medal (Vietnam) or the VSM during the period of service required are considered to have contributed direct combat support to the Republic of Vietnam Armed Forces. According to AFPC/DPAPP, he served in the area of eligibility for 26 days; therefore, he is ineligible for award of the VCM. DPSID was able to verify his entitlement to the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P). Upon the final Board decision, administrative correction of his official military personnel record will be completed by AFPC/DPSOR. The complete DPSID evaluation, with attachment, is at Exhibit C. _______________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 31 May 2013, a copy of the Air Force evaluation was forwarded to the applicant 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 error or 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 that the applicant has not been the victim of an error or injustice. Additionally, we note the OPR will administratively correct the applicant’s records to reflect his entitlement to the RVNGC w/P. Therefore, aside from the administrative correction to his record, we find no 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 considered this application in Executive Session on 17 Dec 2013, under the provisions of AFI 36-2603: X, Panel Chair X, Member X, Member The following documentary evidence pertaining to AFBCMR BC-2013- 01469 was considered: Exhibit A. DD Form 149, dated 16 Mar 2013, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 21 Jun 2013, w/atch. Exhibit D. Letter, SAF/MRBR, dated 31 May 2013. Panel Chair FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974 8 FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974 3