RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-03568
COUNSEL: NO
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded:
1. The Vietnam Service Medal (VSM)
2. The Republic of Vietnam Campaign Medal (RVCM)
3. The Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P). (Administratively corrected)
_________________________________________________________________
APPLICANT CONTENDS THAT:
He is entitled to the requested awards for his service in the
Republic of Vietnam. While serving at Ching Chaun Air Base,
Taiwan, he made several trips of temporary duty (TDY) to inspect
and pack parachutes. Many of these TDYs were to Vietnam, but
were without orders being processed; therefore, he is unable to
produce them for that reason.
In support of his appeal, the applicant provides a copy of his DD
Form 214, Report of Separation from Active Duty; and, an
AFPC/DPSIDR notification letter, dated 8 December 2010,
pertaining to his award of the RVNGC w/P and the Philippine
Republic Presidential Unit Citation (PRPUC).
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Regular Air Force who
served on active duty from 1 June 1967 to 4 November 1974.
On 26 January 2011, the applicant was notified that his record
was corrected to reflect award of the PRPUC and the RVNGC w/P.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of the
Air Force at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDR recommends denial. DPSIDR states the VSM is awarded
to all members of the United States Armed Forces who served in
Vietnam or contiguous waters or airspace after 3 July 1965, and
before 28 March 1973. In addition, personnel serving in
Thailand, Laos, or Cambodia (Southeast Asia) in direct support of
operations in Vietnam during the same time period were eligible
for the VSM, provided they were: 1) permanently assigned,
attached, or detailed for one or more days with an organization
participating in or directly supporting ground (military)
operations; 2) permanently assigned, attached, or detailed for
one or more days aboard a naval vessel directly supporting
military operations; 3) actually participated as a crewmember in
one or more aerial flights directly supporting military
operations; or, 4) served on temporary duty for 30 consecutive or
60 non-consecutive days in the Republic of Vietnam or Southeast
Asia. Time limitations may be waived for personnel participating
in combat operations.
The RVCM is awarded to members of the Armed Forces of the United
States who: 1) served for six months in South Vietnam during the
period 1 March 1961 and 28 March 1973; or, served outside the
geographical limits of South Vietnam and contributed 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 VSM
during the period of service required are considered to have
contributed direct combat support to the Republic of Vietnam
Armed Forces.
DPSIDR indicates they were unable to verify the applicant served
for 30 consecutive or 60 non-consecutive days in the Republic of
Vietnam or Southeast Asia. They were able to verify he served on
two TDYs to the Republic of Vietnam for 16 days and 14 days
respectively. He was not permanently assigned to a unit in
Vietnam or in Southeast Asia in support of operations in Vietnam.
Additionally, there is no evidence that he participated in combat
while in Vietnam and he does not contend he was involved in
aerial flight in support of combat operations or was aboard a
naval vessel in support of combat operations. Therefore, since
he does not meet the qualifications for award of the VSM, he is
ineligible for award of the RVCM as well.
The complete DPSIDR evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 5 August 2011 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 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. The available
records shows the applicant was present in Vietnam for only 30
non-consecutive day, which is short of the 60 non-consecutive
days needed for award of the VSM. Without award of the VSM, the
applicant cannot qualify for the RVCM. 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 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 AFBCMR Docket
Number BC-2010-03568 in Executive Session on 6 March 2012, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered for AFBCMR
Docket Number BC-2010-03568:
Exhibit A. DD Form 149, dated 21 Jun 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIDR, dated 27 Jul 11.
Exhibit D. Letter, SAF/MRBR, dated 5 Aug 11.
Panel Chair
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