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AF | BCMR | CY2007 | BC-2006-03045
Original file (BC-2006-03045 .DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-03045
                                       INDEX CODE:  107.00
      XXXXXXXXXXXXXXXXX                      COUNSEL: NO

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  8 April 2008


_________________________________________________________________

APPLICANT REQUESTS THAT:

He  be  awarded  the  Vietnam  Service  Medal  (VSM),  Republic  of  Vietnam
Gallantry Cross with Palm (RVNGC  w/P)  and  Republic  of  Vietnam  Campaign
Medal (RVNCM).
_________________________________________________________________

APPLICANT CONTENDS THAT:

He should be awarded the VSM, RVNGC w/P, and RVNCM for  his  temporary  duty
assignments (TDYs) in Vietnam.

In support of  his  application,  the  applicant  has  provided  a  personal
statement and copies of his DD Form 214, Armed Forces of the  United  States
Report of Transfer or  Discharge;  Letter  of  Commendation;  and  NA  Forms
13059, National Archives and Records Administration  Transmittal  of  and/or
Entitlement to Awards.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 6 November 1968, the applicant enlisted in the Regular Air Force  at  the
age of 18 for a period of four years in the rank of airman basic (E-1).   He
was progressively promoted to the grade of sergeant (E-4)  with  a  date  of
rank of 1 September 1970.

The applicant was honorably discharged on 3  November  1972.   He  served  a
total of 3 years, 11 months, and 28 days on active duty with 1  year  and  6
months of foreign service.

The applicant’s DD Form 214 reflects he was  awarded  the  National  Defense
Service Medal (NDSM), Air Force Good Conduct Medal (AFGCM), and  Small  Arms
Expert Marksmanship Ribbon (SAEMR).

On  10  January  2007,  the  Air  Force  Personnel  Center  administratively
corrected the applicant’s records to include the award of the VSM and  RVNGC
w/P.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends disapproval of the applicant’s request for the  RVNCM.
 DPPPR states the RVNCM is awarded to members of the  Armed  Forces  of  the
United States who served for six months  in  Vietnam  during  the  period  1
March 1961 to 28 March 1973.  The applicant completed two TDYs  in  Vietnam,
one for 55 days and another for 60  days.   No  official  documentation  was
found to verify the applicant served the required six months in Vietnam,  to
be eligible for award of the RVCM.

The DPPPR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:


A copy of the Air Force evaluation was forwarded  to  the  applicant  on  19
January 2007 for review and response within 30  days  (Exhibit  D).   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.  We note the applicant’s  record  has  been
administratively corrected to reflect his award of the VSM  and  RVNGC  w/P;
therefore, we will only address his request for award of the  RVNCM.   After
a thorough review of the available records, we found no  evidence  that  the
applicant is eligible for the award of the RVNCM.  We note  the  applicant’s
assertion that he is entitled to the RVNCM; however,  he  has  not  provided
evidence to support his entitlement to the award, nor does the  evidence  of
record support his contention.  Based on the foregoing, we  agree  with  the
opinion from the Air Force office of primary responsibility and adopt  their
rationale as the basis of our conclusions in  this  case.   Accordingly,  we
find no basis to favorably consider 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 this application in  Executive
Session on 15 March 2007, under the provisions of AFI 36-2603:

                 Ms. Charlene M. Bradley, Panel Chair
                 Mr. Gregory A. Parker, Member
                 Ms. Maureen B. Higgins, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2006-03045:

      Exhibit A.  DD Form 149, dated 21 Sep 06, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/ DPPPR, dated 4 Jan 07.
      Exhibit D.  Letter, SAF/MRBR, dated 19 Jan 07.




                                                   CHARLENE M. BRADLEY
                                                   Panel Chair

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