RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02579
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214 (Report of Transfer or Discharge) be changed in item  #30  -
Remarks, to read Vietnam - Yes and  he  be  awarded  the  Vietnam  Cross  of
Gallantry.

_________________________________________________________________

APPLICANT CONTENDS THAT:

When he separated from the service he did not carefully review his  DD  Form
214 for accuracy.  He did not notice the error until he was filing  a  claim
for service-connected injuries through the Veterans Administration (VA).

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

During the time period in question, the applicant enlisted  in  the  Regular
Air Force on 12 March 1971 for a period of four (4) years.

Applicant was honorably discharged on  15  August  1973,  in  the  grade  of
sergeant under the provisions of AFM 39-10 (Convenience of the  Government).
 He served two years, five months, and four days of  total  active  military
service.

The applicant’s DD Form 214 indicates he received the following  decorations
and medals:  National Defense Service  Medal  (NDSM),  Republic  of  Vietnam
Campaign Medal (RVCM), Vietnam  Service  Medal  (VSM),  and  the  Air  Force
Outstanding Unit Award (AFOUA).



On 20 August 2003, AFPC/DPAPP1 notified the applicant they did not find  any
documents in his records to show he  was  assigned  to  Vietnam.   They  did
review the document he furnished and it shows a 12-month  tour  in  Vietnam.
However, they noted the date of the document is 12 September 1977 over  four
years after his release from active duty.  They also  reviewed  a  promotion
order that promoted him to airman first  class  effective  1  October  1971.
The promotion order was published from  APO  96304,  which  was  located  in
Ubon, Thailand.   Upon  further  review  they  noted  there  are  no  airman
performance reports (APRs) in his record.  They asked if  he  was  TDY  from
Ubon, Thailand to Vietnam and did he have copies of performance  reports  he
received while overseas and if he had a copy of his AF Form 7,  which  would
show his units of assignment during  August  1971  and  August  1972.   They
asked for documents to verify he was deployed or had a permanent  change  of
station (PCS) to any unit in Vietnam,  PCS/TDY  orders  or  travel  vouchers
that specifically show the allocation of the unit  he  was  assigned  to  in
Vietnam.  He did not respond.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAPP2 recommended denial.  They indicated there  are  no  TDY  orders,
travel vouchers or  airman  performance  reports  (APRs)  that  confirm  the
applicant was on a tour of duty in Vietnam.  There is a document that  shows
a 12-month tour in Vietnam from 28 August 1971 to 24 August  1972,  however,
the document is dated four years  after  the  applicant  was  released  from
active duty.  This entry was entered on his review RIP by the  Air  National
Guard (ANG) and there is no source document for the entry.  They reviewed  a
promotion order that promoted the applicant to airman first class  effective
1 October 1971.  The promotion order was published while he was assigned  to
Ubon, Thailand.  This is the same time frame the remark on  his  review  RIP
shows him in Vietnam.  Promotion orders can only be published  by  the  unit
of a member’s unit of assignment and no other.  The applicant was  asked  if
he might have any documents that could be used to support his claim; he  did
not respond.

The evaluation, with attachments, is at Exhibit C.

AFPC/DPPPR recommended denial.   They  indicated  the  Republic  of  Vietnam
awarded the Republic of Vietnam Gallantry Cross  with  Palm  to  U.S.  units
they identified as  meeting  their  criteria.   Without  official  documents
showing  the  applicant’s  unit  of  assignment  while  overseas,  and   the
inclusive dates he was assigned to the unit, they are unable to  verify  his
unit’s awards.  Since  the  applicant  did  not  provide  any  documents  to
substantiate his claim, they are unable to verify his  eligibility  for  the
Republic of Vietnam Gallantry Cross with Palm.



The evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 5 March 2004, copies of the Air Force evaluations were forwarded  to  the
applicant for review and response within 30  days.   As  of  this  date,  no
response has been received by this office.

_________________________________________________________________

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 an injustice warranting  the  applicant’s  DD  Form
214 (Report of Transfer or Discharge) be changed in item #30 -  Remarks,  to
read Vietnam - Yes and he be awarded the Vietnam  Cross  of  Gallantry.   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 and adopt their rationale as the basis for  our  conclusion  that  the
applicant has not been the victim of  an  error  or  injustice.   The  Board
notes there are no TDY orders, travel vouchers or  APRs  which  confirm  the
applicant was on a tour of duty in  Vietnam.   There  is  a  document  which
shows a 12-month tour in Vietnam from 28 August  1971  to  24  August  1972;
however, the document is dated four years after he was released from  active
duty.  This entry was entered on his review RIP by the ANG and there  is  no
source document for the entry.  On 20 August 2003, AFPC/DPAPP1  advised  the
applicant there are no documents in his records to show he was  assigned  to
Vietnam.  They asked him to provide documents to verify he was  deployed  or
had a permanent change of station (PCS) to  any  unit  in  Vietnam,  PCS/TDY
orders or travel vouchers that specifically show the allocation of the  unit
he was assigned to in Vietnam.  He did not respond.  Lastly,  the  award  of
the Vietnam Cross of Gallantry was awarded by the  Republic  of  Vietnam  to
U.S. units they identified as  meeting  their  criteria.   Without  official
documents showing the applicant’s unit of  assignment  while  overseas,  and
the inclusive dates he was assigned to the unit, entitlement  to  the  award
cannot be substantiated.  Therefore, in  view  of  the  above,  and  in  the
absence of 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 an error or an 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 AFBCMR Docket Number  BC-2003-
02579 in Executive  Session  on  7  April  and  13  April  2004,  under  the
provisions of AFI 36-2603:

                 Mr. Joseph A. Roj, Panel Chair
                 Ms. Rita J. Maldonado, Member
                 Ms. Leslie E. Abbott, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 28 July 2003, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPAPP2, dated 20 January 2004,
                   w/atchs.
   Exhibit D.  Letter, AFPC/DPPPR, dated 1 March 2004.
   Exhibit E.  Letters, SAF/MRBR, dated 5 March 2004.




                                JOSEPH A. ROJ
                                Panel Chair