RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03358
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214, Report of Separation from Active Duty be
corrected to reflect the following:
a. Entitlement to award of the Republic of Vietnam Campaign
Medal (RVCM).
b. Foreign Service time in Vietnam (Administratively
Corrected).
c. Entitlement to award of the Vietnam Service Medal (VSM) and
the National Defense Service Medal (Administratively Corrected).
_________________________________________________________________
APPLICANT CONTENDS THAT:
1. He served at the 7th Air Force Office of Information, Tan Son
Nhut Air Base, Vietnam during the period 17 Jan 73 to 16 Mar 73;
however, his records do not reflect that he received the RVCM,
VSM, and the NDSM.
2. His original records were hand marked by personnel indicating
he received the medals; however the Veterans Administration
(VA) refuses to acknowledge his service in Vietnam. Therefore,
he cannot receive care at VA medical facilities.
In support of his request, the applicant provides copies of his
DD Form 214 and AF Form 1172, Uniform Military Personnel Record.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant served on active duty from 2 Aug 68 to 4 Oct 74.
He served a total of 6 years, 2 months and 3 days on active duty,
with 1 month and 10 days being Foreign Service.
On 9 Nov 11, AFPC/DPAPP confirmed and verified boots-on-ground
Foreign Service time at Tan Son Nhut Air Base, Republic of
Vietnam during the period 17 Jan 73 to 27 Mar 73, for 2 months
and 11 days.
On 2 Dec 11, AFPC/DPSIDRA verified the applicants entitlement
to the VSM with one Bronze Service Star (BSS) for his service at
Tan Son Nhut Air Base, Vietnam during the period 17 Jan 73 to
27 Mar 73 and the NDSM currently annotated on his DD Form
215, Correction to DD Form 214, Certificate of Release or
Discharge from Active Duty, dated 9 Sep 71.
-- 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 Mar 61 and 28 Mar 73; or 2) Served outside
the geographical limits of South Vietnam and contributed direct
combat support to the Republic of Vietnam (RVN) 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 (Vietnam) or VSM during the
period of service required are considered to have contributed
direct combat support to the RVN armed forces; or 3) Did not
complete the length of service required in item (1) or (2)
above, but who, during wartime, were: a) wounded by enemy (in a
military action); b) captured by the enemy during action or in
the line of duty, but later rescued or released; c) killed in
action or in the line of duty; or 4) Were assigned in Vietnam on
28 Jan 73, and who served a minimum of 60 calendar days in
Vietnam during the period 29 Jan 73 to 28 Mar 73.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDR recommends denial of the RVCM . The applicant was
not in Vietnam for an aggregate of 6 months and unfortunately
departed Vietnam 1 day early to qualify for the 60 days clause
for the end of the war; thereby rendering him ineligible.
The complete DPSIDR evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 16 Dec 11 for review and comment within 30 days.
As of this date, this office has received no response (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. After a
thorough review of the available evidence and the applicants
complete submission, we find no evidence which would lead us to
believe his DD Form 214, should be corrected to reflect
entitlement to award of the Republic of Vietnam Campaign Medal.
Therefore, 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 the applicant has not
been the victim of an error or injustice. 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-2011-03358 in Executive Session on 10 Apr 12, under
the provisions of AFI 36-2603:
Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Aug 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. AFPC/DPSIDR, Letter, dated 7 Dec 11.
Exhibit D. SAF/MRBR, Letter, dated 16 Dec 11.
Panel Chair
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