RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-01182
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect award of the Republic of
Vietnam Gallantry Cross (RVNGC).
_________________________________________________________________
APPLICANT CONTENDS THAT:
A review of his records or his DD Form 214, Armed Forces of the
United States Report of Transfer or Discharge, dated 14 Oct 68
should provide sufficient justification/evidence for award of the
RVGCN.
In support of his request, the applicant provided a copy of his
DD Form 214 and DD Form 215, Correction to DD Form 214, Armed
Forces of the United States Report of Transfer or Discharge.
Applicant's complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
On 15 Mar 65, he contracted his initial enlistment in the Regular
Air Force. He was progressively promoted to the rank of airman
first class having assumed that grade effective and with a date
of rank of 8 Dec 65. He served three years and seven months on
active duty.
AF Form 7, Airman Military Record, reflects he served in Vietnam
from 22 Jul 67 through 18 Jul 68.
On 26 Apr 99, AFPC/DPPRA informed him that during the time he
served in Vietnam his unit was not eligible for the RVNGC.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSIDR recommends denial. DPSIDR states no official
documentation was located to verify his eligibility for award of
the RVNGC.
HQ AFPC/DPSIDR's completion evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant provided a copy of the criteria for the RVNGC which
states US Military units were individually cited for award of the
RVNGC; however, the Vietnamese Government issued the award to all
units subordinate to Military Assistance Command during the
period 8 Feb 62 and 28 Mar 73 and to US Army Vietnam and its
subordinate units for the period 20 Jul 65 to 28 Mar 73. This
permits all personnel who served in Vietnam to wear the RVNGC.
He questions whether this specifically is for US Army units or
all military units.
The applicant's complete response, with attachment, is at Exhibit
E.
_________________________________________________________________
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 records, we found no evidence
that the applicant is eligible for the award of the RVGCN. In
regard to the applicant's request for clarification on whether
the RVGCN is for US Army units only or all military units, the
RVGCN is awarded by the Republic of Vietnam to units for heroic
combat achievements; entitlement to the RVNGC is verified in
accordance with DOD 1348.33M and AF Pamphlet 900-2. The unit
must be listed in the AF Pamphlet or official documentation must
be available that verifies the unit as being recognized for an
award. Therefore, in the absence of such evidence, we agree with
the opinion and recommendation of the Air Force office of primary
responsibility and 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 this application in Executive
Session on 25 Aug 09, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 Mar 09, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSIDR, dated 23 Apr 09.
Exhibit D. Letter, SAF/MRBR, dated 1 Jun 09.
Exhibit E. Letter, Applicant, dated 8 Jun 09, w/atchs.
Panel Chair
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