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AF | BCMR | CY2007 | BC-2006-03947
Original file (BC-2006-03947.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-03947
            INDEX CODE:      107.00
XXXXXXX     COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  30 JUN 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was listed as being assigned to the 377TH Transportation  Squadron;
however in Vietnam, he was assigned to the 377TH Combat Support Group.
 He believes he should be awarded the RVNGC w/P for serving  with  the
377TH Combat Support Group in Vietnam.

In support of his request, the applicant provided an excerpt from  AFP
900-2, Unit Decorations, Awards, and Campaign  Participation  Credits;
Special Order AB-1858; AF Form 1098, Personnel Action Request; Special
Order, AA-801; DD form 214, DD Form 214, Armed Forces  of  the  United
States Report of Transfer or Discharge; DD Form 215, Correction to  DD
Form 214, Certificate of Release or Discharge  from  Active  Duty;  AF
Form 60, Military Sponsor Program Information and correspondence  with
Congressman Ron Paul.

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 26 Jul 68 through 25 Jul 72.

On 25 Jul 72, applicant was  honorably  discharged  in  the  grade  of
sergeant.  He served 4 years of total active service.

The RVNGC w/P is awarded by the Republic of Vietnam (RVN)  to  certain
units of the U.S. Armed Forces for valorous combat achievement  during
the Vietnam War, 1 Mar 61 to 28 Mar 73.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  DPPPR states after a through review  of
his  military  records  and  documents  submitted,   DPPPR   found   a
performance  report  showing  his  unit  of   assignment   the   377TH
Transportation Squadron in Tan Son Nhut AB, Vietnam from 1 Mar  69  to
11 Apr 70.  The 377TH Transportation Squadron unit was not awarded the
RVNGC w/P during the inclusive period  he  was  deployed  to  Vietnam;
therefore DPPPR recommends disapproval of the applicants  request  for
award of the RVNCM.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant provided a  copy  of  special  order  AB-1858  that  was
submitted with his original request.  He believes this order  supports
his assignment to the 377TH Combat Support Group in Vietnam.  (Exhibit
C).

_________________________________________________________________

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 RVNGC w/P.  Based on the available records, his  unit  was
not awarded the RVNGC w/P during the inclusive period he was  deployed
to Vietnam.  Should he  secure  supporting  documentation,  the  Board
would be willing to reconsider his  application.   Therefore,  without
such evidence the Board finds 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-2006-03947
in Executive Session on 28 Mar 07, under the provisions of AFI 36-2603:


                 Mr. Jay H. Jordan, Panel Chair
            Ms. Debra K. Walker, Member
            Ms. Barbara R. Murray, Member

The following documentary evidence pertaining  to  Docket  Number  BC-2006-
03947 was considered:

      Exhibit A. DD Form 149, dated 25 Nov 06, atchs.
      Exhibit B. Letter, AFPC/DPPPR, dated 11 Jan 07.
      Exhibit C. Letter, Applicant, dated 18 Feb 07.




      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

XXXXXXX

      Reference your application, AFBCMR BC-2006-03947, 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





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