RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00491
INDEX CODE: 107.00
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
THE APPLICANT REQUESTS THAT:
He be awarded the Republic of Vietnam Campaign Medal (RVCM).
________________________________________________________________
THE APPLICANT CONTENDS THAT:
He was not awarded the RVCM while on active duty and recently
learned of his possible eligibility while on the internet.
In support of his appeal, the applicant provides a copy of his
DD Form 214, Armed Forces of the United States Report of
Transfer or Discharge, issued in conjunction with his 24 Feb 67
release from active duty; temporary duty (TDY) orders, and the
VCM criteria.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 25 Feb 63 for
a period of four years. He was progressively promoted to the
grade of airman first class (E-4/A1C).
On 24 Feb 67, he was honorably released for expiration of term
of service. He was credited with four years of active duty
service, including 8 months and 27 days of foreign service.
On 12 May 2009, in conjunction with his AFBCMR application,
Docket Number BC-2009-0518, his record was administratively
corrected to reflect his entitlement to the Vietnam Service
Medal, with 2 Bronze Service Stars (VSM, w/2 BSS) and the Air
Force Longevity Service Award (AFLSA).
________________________________________________________________
THE AIR FORCE EVALUATION:
AFPC/DPSIDR recommends denial. In accordance with (IAW) the
governing law, the RVCM is awarded to members of the Armed
Forces of the United States who between 1 Mar 61 and 28 Mar 73
served for six months in South Vietnam. Served outside the
geographical limits of South Vietnam and contributed in direct
combat support to the Republic of Vietnam Armed Forces for an
aggregate of six months. Only members of the Armed Forces of
the United States who meet the criteria established for the
Armed Forces Expeditionary Medal (AFEM) (Vietnam) or the VSM
during the period of service required are considered to have
contributed direct combat support to the Republic of Vietnam
Armed Forces.
The documentation in the applicants official military record
verifies that he was deployed to Thailand from 7 Dec 65 to
4 Apr 66. The applicant is ineligible to the RVCM as he did not
serve the minimum requirement of six months in Vietnam,
Thailand, Laos, or Cambodia and contribute direct combat support
to the Republic of Vietnam Armed Forces.
The complete AFPC/DPSIDR evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 16 Apr 10 for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit D).
________________________________________________________________
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 its
rationale as the basis for our conclusion that the applicant has
not been the victim of an error or injustice. Therefore, in the
absence of evidence to the contrary, we find no basis to
recommend granting the relief sought in this 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 AFBCMR Docket
Number BC-2010-00491 in Executive Session on 21 September 2010,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Jan 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIDR, dated 22 Mar 10.
Exhibit D. Letter, SAF/MRBR, dated 16 Apr 10.
Panel Chair
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