RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01990
            INDEX CODE:      107.00
XXXXXXX     COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  2 JANUARY 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show he was  awarded  the  Korean  Defense
Service Medal (KDSM), Republic of Vietnam Gallantry  Cross  with  Palm
(RVNGC w/P) and Republic of Vietnam  Campaign  Medal  (RVNCM)  on  his
discharge certificate.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He received two Transmittals of and/or Entitlements to Awards (NA Form
13059) from the National Personnel Records Center (NRPC)  stating  the
medals and awards were authorized.

In support of his request, the applicant provided a  copy  of  his  DD
Form 214, Certificate of Release or Discharge  from  Active  duty  and
copies of his NA Forms 13059.

His complete submission, with attachments,  is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s military  personnel  records  reflect  that  he  served on
active duty from 6 June 1967 through 30 September 1991.

The NA Forms 13059 provided by the applicant  states  the  medals  and
awards were authorized; however, it also states the Department of  The
Air Force maintains jurisdiction for issuing service  medals.   Copies
of the forms were also provided to the Air Force Personnel Center  for
action.

On 1 October 1991, applicant retired in the grade of master  sergeant.
He served 24 years, 3 months and 25 days of total active service.


The Republic of Vietnam (RVN) is awarded to certain units of the  U.S.
Armed Forces for valorous combat achievement during the Vietnam War, 1
March 1961 to 28 March 1973

This RVNCM is awarded to members of the Armed  Forces  of  the  United
States who: 1) Served for 6 months in South Vietnam during the  period
1 March 61 and 28 March 73; 2) Served outside the geographical  limits
of South Vietnam and contributed direct  combat  support  to  the  RVN
Armed Forces for an aggregate of six months.  3) Did not complete  the
length of service required in item (1) or (2) above, but  who,  during
wartime, were: a) Wounded by the enemy  (in  a  military  action);  b)
Captured by the enemy during action or in the line of duty, but  later
rescued or released; c) Killed in action or in the line  of  duty;  4)
Were assigned in Vietnam on   28   January  1973,  and  who  served  a
minimum of 60 calendar days in Vietnam during the  period  29  January
1973 to 28 March 1973.
AFPC was able to verify the applicant’s entitlement to  the  KDSM  and
the RVNGC w/P and will update his official records  to  reflect  these
awards.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  DPPPR  states  there  was  no  official
documentation found in the applicants records to verify he  served  in
Vietnam for six months to be eligible for the RVNCM.  In addition, the
AF Form 77a, Supplemental Sheet to AF Forms 77, 707, 909, 910, 911 and
475 found in applicants records  states  the  applicant’s   evaluation
reports from 6 June 1967 through December  1969  were  not  available.
Administrative reasons and loss of records were cited as  the  reasons
why the reports were unavailable; therefore they recommend disapproval
of the applicants request for award of the RVNCM.

The complete AFPC/DPPPR evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The letter from SAF/MRBR indicates there was no official documentation
in the record verifying he served in Vietnam for six months.  He notes
the letter indicated his reports for the period of 6 June 1967 through
Dec 1969 were not available; however, the applicant indicates  he  has
documentation received from the time period in his private files.

Exaimers Note:  On 24 September 2006, we requested  applicant  provide
copies of the private  files.   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
available evidence and the applicant’s complete submission, the  Board
is not persuaded his records  should  be  corrected  to  show  he  was
awarded the (RVNCM).  Applicant provided a copy of his temporary  duty
orders; however, the orders were for 120 days which does not meet  the
six-month requirement for the award of the RVNCM.   Should  he  secure
supporting documentation,  we  would  be  willing  to  reconsider  his
application.  Therefore, without such evidence we find  no  compelling
basis to warrant favorable consideration of his application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did  not  demonstrate
the existence of material error  or  injustice;  the  application  was
denied without a personal appearance; and 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 Docket  Number  BC-2006-
01990 in Executive Session on 24 October 2006, under the provisions of
AFI 36-2603:

                       Mr. Jay H. Jordan, Panel Chair
                       Ms. Josephine L. Davis, Member
                       Mr. Alan A. Blomgren, Member






The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 25 June 2006.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPR, dated 13 July 2006.
      Exhibit D. Letter, SAF/MRBR, 8 September 2006.



      JAY H. JORDAN
      Panel Chair

                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC



[pic]

 Office of the Assistant Secretary

AFBCMR
1535 Command Dr, EE Wing, 3rd Flr
Andrews AFB MD 20762-7002

XXXXXXX

XXXXXXX

XXXXXXX

Dear XXXXXXX

      Reference your application, AFBCMR BC-2006-01990, submitted
under the provisions of AFI 36-2603 (Section 1552, 10 USC).

      After careful consideration of your application and military
records, the Board determined that the evidence you presented did
not demonstrate the existence of material error or injustice.
Accordingly, the Board denied your application.

      You have the right to submit newly discovered relevant
evidence for consideration by the Board.  In the absence of such
additional evidence, a further review of your application is not
possible.

      BY DIRECTION OF THE PANEL CHAIR





                                                       GREGORY E.
JOHNSON
                                                             Chief
Examiner
                                                 Air Force Board
for Correction
                                                       of Military
Records

Attachment:
Record of Board Proceedings