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AF | BCMR | CY2003 | BC-2003-01396
Original file (BC-2003-01396.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  BC-2003-01396
            INDEX CODE 107.00
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214 reflect receipt of the Republic of  Vietnam  Gallantry
Cross with Palm (RVGCP).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He just found out about this “new” ribbon.

The applicant’s complete submission, with attachment, is at Exhibit A.


_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air  Force  on  25  Jan  54  and
retired in the grade of master sergeant with 20 years, 5 months and  6
days of active service on 1 Jul 74.

The applicant served as a flight engineer  in  Taiwan  with  the  XXth
Troop Carrier Squadron from 27 Jul 66 to 27 Jul 67, and with the XXXth
Tactical Airlift Squadron from 18 Aug 69 to 20 Aug 70.

On 8 May 03, HQ AFPC/DPPPRA advised the applicant he was not  eligible
for the RVGCP, but he was entitled to the NCO Academy Graduate  Ribbon
(NCO AGR) and the Combat Readiness Medal with 1 Oak Leaf Cluster  (CRM
1OLC). On 22 Jul 03, HQ AFPC/DPPRSP informed the applicant his DD Form
214 had been administratively corrected to reflect receipt of the  NCO
AGR and the CRM 1OLC.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR advised that the applicant’s unit of assignment  on  his
second tour, the XXXth Tactical Airlift Squadron, earned the RVGCP for
the period 1 Apr 68 - 6 May 68, prior to his assignment
to the unit. Since  the  applicant  was  not  assigned  to  the  XXXth
Tactical Airlift Squadron during the period it earned the RVGCP, he is
not eligible for or entitled to the medal. Denial is recommended.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 25 Jul 03 for review and comment within 30 days.   As  of
this date, this office has received no response.

_________________________________________________________________

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
evidence  of  record  and  the  applicant’s  submission,  we  are  not
persuaded that  he  should  be  awarded  the  RVGCP.  The  applicant’s
contentions are duly noted; however, we do not find these  assertions,
in  and  by  themselves,  sufficiently  persuasive  to  override   the
available evidence and the rationale provided by the Air Force.  Since
the applicant apparently was not  assigned  to  his  unit  during  the
period it earned the RVGCP, he is  not  eligible  for  the  medal.  We
therefore adopt the rationale expressed as the basis for our  decision
that the applicant has not sustained his  burden  of  having  suffered
either an error or an injustice. In  view  of  the  above  and  absent
persuasive evidence to the contrary, we find no  compelling  basis  to
recommend granting the relief sought.

_________________________________________________________________

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 21 and 26 August 2003 under the provisions of AFI
36-2603:

                 Ms. Patricia D. Vestal, Panel Chair
                 Ms. Martha J. Evans, Member
                 Mr. E. David Hoard, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2003-01396 was considered:

   Exhibit A.  DD Form 149, dated 25 Feb 03, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, dated 1 Jul 03.
   Exhibit D.  Letter, SAF/MRBR, dated 25 Jul 03.





                                   PATRICIA D. VESTAL
                                   Panel Chair

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