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AF | BCMR | CY2006 | BC-2006-01809
Original file (BC-2006-01809.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01809
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 17 DECEMBER 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect he was  awarded  the  Republic  of
Vietnam Gallantry Cross with Palm (RVNGC w/P).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He recently learned he was qualified for the award.

In support of his request, the applicant provided a  copy  of  his  DD
Form 214 and letters  to  the  Army  Review  Boards  Agency,  National
Personnel Center and Standard Form 180.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 21 November 1952, the applicant enlisted in the Regular  Air  Force
(RegAF).   He  was  discharged  on  14  November  1954  to  accept   a
commission.  He entered active duty in the Air  Force  on  15 November
1954 as a second lieutenant.

The applicant’s AF Form 11 reflects the  applicant  was  on  temporary
duty in Southeast Asia from 21 March 1962 through 1 September 1962.

The applicant’s DD Form 214 reflects he was awarded Small Arms  Expert
Marksmanship Ribbon (SAEMR), Armed Forces Expeditionary Medal  (AFEM),
Army Good Conduct Medal, Combat Readiness Medal, Air  Force  Longevity
Service Ribbon with five Devices, National Defense Service Medal  with
Device, Vietnam Service Medal (VSM) with Device, Air Force Outstanding
Unit Award (AFOUA), Korean Presidential  Unit  Citation,  Republic  of
Vietnam Campaign Medal (RVCM), Meritorious Service  Medal  (MSM),  Air
Medal (AM), Joint Services Commendation  Medal,  Humanitarian  Service
Medal with three Devices, and the Air Force Commendation Medal (AFCM).

The applicant was honorably retired on 1 September 1980.  He served 27
years, 9 months and 10 days of active duty service.

On 15  February  2005,  HQ  AFPC/DPPPRA  informed  the  applicant  his
eligibility for the Republic of  Vietnam  Gallantry  Cross  with  Palm
(RVNGC w/P) could not be verified.  They further informed him that the
unit he was assigned did not receive the RVNGC during his assignment.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the  requested  relief  be  denied.   AFPC/DPPPR
states the RVNGC w/P is awarded by the Republic of Vietnam to  certain
units of the U.S. Armed Forces for valorous combat achievement  during
the Vietnam War, 1 March 1961 to 28 March 1973.

DPPPR further states the 377th TCS  did  not  receive  the  RVNGC  w/P
during the time the applicant served in Vietnam.

A complete copy of the evaluation, with attachments,  is  attached  at
Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force  evaluation  and  states  he  was
assigned to the 346th not the 377th.   He  requests  recheck  be  done
regarding the unit number (Exhibit E).

EXAMINER’S NOTE:  The office of primary  (OPR)  responsibility  did  a
recheck of 347 TCS, 377 TCS, 315 AD, 346 TCS, 778 TCS and the 776 TCS.
 These units were not awarded the RVNGC w/Palm during the  applicant’s
timeframe.

_________________________________________________________________

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.    The   applicant’s
contentions are duly noted, 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 either an error or an injustice.   In  this
respect, the Board notes  that  during  his  service  in  Vietnam  the
applicant was not assigned to a unit that  received  the  Republic  of
Vietnam Gallantry Cross with  Palm.   Therefore,  in  the  absence  of
evidence to the contrary, we find no  compelling  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 AFBCMR Docket Number BC-
2006-01809 in Executive  Session  on  14  September  2006,  under  the
provisions of AFI 36-2603:

                       Mr. Wayne R. Gracie, Panel Chair
                       Ms. Patricia R. Collins, Member
                       Mr. Reginald P. Howard, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 2 Oct 04, w/atchs.
      Exhibit B. Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPR dated 26 Jun 06.
      Exhibit D. Letter, SAF/MRBR, dated 30 Jun 06.
      Exhibit E. Letter, Applicant, dated 4 Jul 06.





                 WAYNE R. GRACIE
                 Panel Chair

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