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AF | BCMR | CY2004 | BC-2003-03779
Original file (BC-2003-03779.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03779
            INDEX CODE:  107.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect award of the Republic  of  Vietnam
Gallantry Cross with Palm.
_________________________________________________________________

APPLICANT CONTENDS THAT:

According to the Department of the Army General Order DA  GO  8  1974,
that the Vietnam Gallantry Cross Unit Citation with Palm  was  awarded
to Headquarters U.S. Military Assistance Command (MACV) and  all  it’s
subordinate units during the period from 8 February 1962 to  28  March
1973.  All military personnel who were assigned to  units  serving  in
Vietnam during this period were considered assigned to  MACV  and  its
subordinate units regardless of service or component.

In support of his request, the applicant submits a personal statement,
DD Form 214, Report of Separation from  Active  Duty,  a  copy  of  an
email,  Special  Order  T-119,  DD  Form  1351-2,  Travel  Voucher  or
Subvoucher, Category 69 Clothing Certificate letter and a  copy  of  a
Clearance Form.  Applicant’s complete submission, with attachments, is
at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 4 April  1962,  and
was released from active duty on 4 November 1965.  He was stationed in
the Philippines from 12 July 1964 to 2 February 1965, and was  TDY  to
Vietnam during the period 9 November 1964 to 18 February 1965.  His DD
Form 214, Certificate  of  Release  or  Discharge  from  Active  Duty,
reflects award of the Air Force Good  Conduct  Medal,  the  Air  Force
Outstanding Unit Award, and the Armed Forces Expeditionary Medal.

The applicant’s records were  administratively  corrected  to  reflect
award of the Air Force Outstanding Unit Award W/2OLC  and  the  Guided
Missile Insignia.

_________________________________________________________________

AIR FORCE EVALUATION:

The AFPC/DPPPR recommends denial of  his  request  for  award  of  the
Republic  of  Vietnam  Gallantry   Cross   with   Palm.    Since   the
1st Communications Group, Mobile, was not awarded this unit award from
the  Republic  of  Vietnam,  he  is  not  eligible  for  this   award.
Unfortunately, the applicant has depended on  an  unreliable  Internet
site for his information regarding the Republic of  Vietnam  Gallantry
Cross with Palm.  He is also citing a Department of the  Army  General
Order, which does not apply to Air Force personnel.  Only those  units
listed in Air Force Pamphlet 900-3 are entitled  to  the  Republic  of
Vietnam Gallantry Cross with Palm.  As the applicant was informed, the
1st Communications Group, Mobile did not receive this unit award  from
the Republic of Vietnam Government.  Therefore, he is not entitled  to
the award.

The DPPPR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states that he believes he is eligible  to  receive  the
Republic of Vietnam Gallantry Cross with Palm since he was assigned to
the  1964th  Communications  Group,  and  the  1965th   Communications
Squadron, and both of these units received this award.

His complete submission, with attachments is at 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.    Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice.  Only those units listed  in  Air
Force Pamphlet 900-3 are entitled to the Republic of Vietnam Gallantry
Cross with Palm.  Since neither of the units to  which  the  applicant
was assigned while serving in Vietnam were recipients of  this  award,
and are not listed in this Air Force Pamphlet, he is not eligible  for
this award.  We took notice of the complete submission in judging  the
merits  of  the  case;  however,  we  agree  with  the  opinions   and
recommendations of the Air Force office of primary responsibility  and
adopt their rationale  as  the  basis  for  our  conclusion  that  the
applicant  has  not  been  the  victim  of  an  error  or   injustice.
Therefore,  we  find  no  compelling  basis   to   warrant   favorable
consideration of the relief sought in this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of an 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 no considered with this application.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2003-
03779 in Executive Session on 27 April 2004, under the  provisions  of
AFI 36-2603:

                 Mr. James E. Short, Panel Chair
                 Ms. Martha A. Maust, Member
                 Ms. Deborah A. Erickson, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 4 Nov 03, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPR, dated 21 Jan 04.
      Exhibit D. Letter, SAF/MRBR, dated 5 Mar 04.
      Exhibit E  Letter, Applicant, 15 Mar 04.




      James E. Short
      Panel Chair

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