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AF | BCMR | CY2011 | BC-2011-01435
Original file (BC-2011-01435.txt) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2011-01435

		COUNSEL:  NONE

		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

1.  He be entitled to award of the Air Force Outstanding Unit 
Award with Valor (AFOUA w/V) and the Republic of Vietnam 
Gallantry Cross with Palm (RVNGC w/P).  (Administratively 
Corrected)

2.  He be entitled to award of the Vietnam Service Medal (VSM) 
and the Republic of Vietnam Campaign Medal (RVCM).

________________________________________________________________

APPLICANT CONTENDS THAT:

He believes he is entitled to the requested awards based on 
direct support of the Vietnam War, his service with his tactical 
airlift squadron, and at Ching Chuan Kang (CCK) Air Base, 
Taiwan.

In support of his appeal, the applicant provides copies of his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty, issued in conjunction with his 30 Jan 69 separation and 
his Air Force Form 7, Airman Military Record.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force, on 15 Sep 65, 
for a period of four years.  He was progressively promoted to 
the grade of sergeant (Sgt/E-4) with a Date of Rank (DOR) of 
1 Sep 68.  He was credited with 3 years, 4 months, and 16 days 
of active duty service, including 1 year, 1 month, and 20 days 
of foreign service.

On 9 Jun 11, the applicant’s record was administratively 
corrected to award him the AFOUA w/V and the RVNGC w/P.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAPP recommends denial, stating, in part, that the 
documentation submitted failed to provide any evidence that 
substantiates foreign service time in Vietnam.

The complete AFPC/DPAPP evaluation is at Exhibit C.

AFPC/DPSIDR recommends denial of the VSM and the RVCM, stating, 
in part, that the Directorate of Assignments could not verify 
the applicant served in Vietnam.  

In addition, they note the VSM is awarded to all service members 
of the Armed Forces who between 4 Jul 65 and 28 Mar 73, served 
in the following areas of Southeast Asia: in Vietnam and the 
contiguous waters and airspace; in Thailand, Laos, or Cambodia 
or the airspace thereof and in the direct support of military 
operations in Vietnam.

The RVCM is awarded to members of the Armed Forces of the United 
States who served for six months in South Vietnam during the 
period 1 Mar 61 and 28 Mar 73 or served outside the geographical 
limits of South Vietnam and contributed direct combat support 
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 VSM 
during the period of service required are considered to have 
contributed direct combat support to the RVN Armed Forces.

The complete AFPC/DPSIDR evaluation is at Exhibit D.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 28 Oct 11 for review and response.  As of this 
date, no response has been received by this office (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 in respect to 
his entitlement to the award of the VSM and the RVCM.  We took 
notice of the applicant's complete submission in judging the 
merits of the case; however, we agree with the opinions and 
recommendation of the Air Force offices of primary 
responsibility and adopt their rationale as the basis for our 
conclusion that relief beyond that already granted 
administratively is not warranted.  Therefore, we find no basis 
to favorably consider this portion of the 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-2011-01435 in Executive Session on 19 April 2012, 
under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 16 Mar 11, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPAPP, dated 30 Aug 11.
    Exhibit D.  Letter, AFPC/DPSIDR, dated 28 Sep 11.
    Exhibit E.  Letter, SAF/MRBR, dated 28 Oct 11.




                                   Panel Chair




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