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AF | BCMR | CY2007 | BC-2007-00896
Original file (BC-2007-00896.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-00896
                                             INDEX CODE:  107.00
      XXXXXXXXXXXXX                     COUNSEL:  NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  23 September 2008


________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Air Force Outstanding Award (AFOUA), Republic  of  Vietnam
Gallantry Cross with Palm (RVNGC w/P),  and  Republic  of  Vietnam  Campaign
Medal (RVNCM).

________________________________________________________________

APPLICANT CONTENDS THAT:

Since the Vietnam Service Medal (VSM) is now on his  records,  his  DD  Form
214 should also include the RVNGC  w/P,  and  RVNCM  for  supporting  direct
combat operations.

While assigned to the  8th  Tactical  Fighter  Wing  (8th  TFW),  they  were
awarded the AFOUA with “V” device  from  1  April  1972  through  22 October
1972, and again from 18 December 1972 through 15 August 1973.

In support of his appeal, applicant has provided copies of his DD Form  214,
dated 6 March 1977, DD Form 215 adding the VSM with one Bronze Service  Star
to his records, dated 10 August 2006,  and  U.S.  Government  Motor  Vehicle
Operator’s ID Card, issued 8 May 1972.

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

________________________________________________________________

STATEMENT OF FACTS:

Applicant entered active duty on 4 October 1971 and served  as  an  aircraft
maintenance specialist.  He served two TDYs  in  Thailand  from  July  1972-
December 1972, and March 1973-September 1973, and was awarded the  VSM  with
one Bronze Service Star.  He was honorably discharged on 6 March 1977  after
serving a total of five years, five months, and three days of  total  active
service.  He is entitled to wear the VSM with one Bronze Service  Star,  Air
Force  Commendation  Medal,  National  Defense  Service  Medal,  Air   Force
Longevity Service Award, and Air Force Good Conduct Medal.

The AFOUA is awarded by the Secretary of the Air  Force  to  military  units
that distinguish themselves during peacetime or in  action  against  hostile
forces of an armed enemy of the U.S.  It is restricted to  recognizing  acts
or services that place the unit’s performance significantly  above  that  of
other units of similar composition and mission responsibility, and only  10%
of similar units assigned to each command are recommended annually.

The RVNCM is awarded to members of the Armed Forces of the U.S.  who  served
for six months in South Vietnam during the period 1 March 1961 to  28  March
1973, or served  outside  the  geographical  limits  of  South  Vietnam  and
contributed direct combat support to the RVN Armed Forces for  an  aggregate
of six months.  Only members of the U.S. Armed Forces who meet the  criteria
established for the VSM or  the  Air  Force  Expeditionary  Medal  (Vietnam)
during the period of service required are  considered  to  have  contributed
direct combat support to the RVN Armed Forces.  It may be awarded  to  those
members who did not complete the required length of service but who,  during
wartime, were wounded by the enemy in a military  action,  captured  by  the
enemy during action or in the line of duty, but later released  or  rescued,
or killed in action or in the line of duty.   It  may  also  be  awarded  to
those members who 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.

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.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial of the AFOUA, RVNGC w/P, and  RVCM.   Applicant
was awarded the VSM while serving in Thailand; however, they were unable  to
verify entitlement to any additional awards.  Although  they  were  able  to
verify that he was assigned to the 4th Organizational Maintenance  Squadron,
which was not awarded the AFOUA during the  periods  when  he  was  assigned
(1972-1973), they were unable to verify he  was  assigned  to  the  8th  TFW
while he was TDY to Thailand, and he  must  provide  official  documentation
that verifies him being assigned or attached to the 8th TFW.

The AFPC/DPPPR evaluation, with attachments, is at Exhibit C.

________________________________________________________________





APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant  on  4  May
2007, for review and comment, within 30 days.  However, as of this date,  no
response has been received by this office.

________________________________________________________________

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  took  notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  we  agree
with the opinion and recommendation 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.
Applicant’s records do not indicate that he was eligible for  award  of  the
RVNCM, that his unit was  awarded  the  RVNGC  w/P,  or  that  he  was  ever
assigned/attached to the 8th TFW while TDY to Thailand.  If he  can  produce
documents to verify that he meets the eligibility requirements for award  of
the RVNCM, his unit was awarded the RVNGC w/P, or that he  was  assigned  or
attached to the 8th TFW while  TDY  to  Thailand,  we  will  reconsider  his
application.   However, in  the  absence  of  said  documents,  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  Docket  Number  BC-2007-00896
in Executive Session on 20 June 1977, under the provisions of AFI 36-2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Mr. Wallace F. Beard, Jr., Member
                       Mr. Alan A. Blomgren, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 16 Mar 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 23 Apr 07.
    Exhibit D.  Letter, SAF/MRBR, dated 4 May 07.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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