RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03452
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he was awarded and Republic
of Vietnam Campaign Medal (RVCM).
________________________________________________________________
APPLICANT CONTENDS THAT:
His DD Form 214, Armed Forces of the United States Report of
Transfer or Discharge, does not reflect his RVCM. He was sent
the medal sets but never received any paperwork to include
orders and/or citations.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________ ______________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate that he
enlisted in the Regular Air Force on 24 Jan 62 and served on
active duty until 13 Dec 65, when he was honorably discharged at
the expiration of his term of service and was credited with
3 years, 10 months, and 20 days of total active service. The DD
Form 214 issued in conjunction with his 13 Dec 65 separation,
reflects 2 years and 1 month of foreign service.
According to a 12 Mar 65 paid travel voucher contained in the
applicants military personnel records, he was designated as a
crew member on an airlift mission that flew through Vietnam.
On 20 Sep 12, AFPC/DPAPP notified the applicant that they were
able to verify his foreign service at Tan Son Nhut AB, Republic
of Vietnam for one day, 6 Mar 65. This foreign service time is
reflected on the applicants DD 214, therefore a correction of
his foreign service was not needed.
________________________________________________________________
POLICY AND LAW:
The Vietnam Service Medal (VSM), created on 8 Jul 65, 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 there over and in the direct
support of military operations in Vietnam. The specific
eligibility criteria requires; or serve on temporary duty (TDY)
for 30 consecutive or 60 nonconsecutive days, although these
time limitations may be waived for personnel participating in
actual combat operations. However, no member may be issued both
the AFEM and the VSM for service in Vietnam.
The Republic of Vietnam Campaign Medal (RVNCM) is awarded to
members who: (1) served for six months in South Vietnam during
the period 1 Mar 61 and 28 Mar 73; (2) served outside the
geographical limits of South Vietnam and contributed direct
combat support to the RVN Armed Forces for an aggregate of six
months--only members who meet the criteria established for the
AFEM (Vietnam) or the VSM during the period required are
considered to have contributed direct combat support to the RVN
Armed Forces; (3) did not complete the six-month length of
service required in (1) and (2) but who, during wartime, were
(a) wounded by the enemy (in a military action), (b) captured by
the enemy during action or in the line of duty but later were
rescued or released, killed in action or in the line of duty;
(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/DPSID recommends denial, indicating that after a thorough
review of the applicants official military personnel record and
documentation provided, they were unable to verify the service
member met the criteria for award of the RVCM. While the
applicants foreign service in Vietnam was verified, he did not
perform the requisite six months of service in support of
operations within the Republic of Vietnam. A review of the
applicants records revealed that he should have been awarded
the National Defense Service Medal (NDSM); Vietnam Service Medal
with one Bronze Service Star (VSM w/1BSS); and Republic of
Vietnam Gallantry Cross with Palm (RVNGC w/P) and his official
military personnel records will be administratively corrected by
AFPC/DPSOY.
A complete copy of the AFPC/DPSID 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 10 Dec 12 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 an error or injustice with respect
to the applicants request for the Republic of Vietnam Campaign
Medal (RVCM). After a thorough review of the evidence of record
and the applicants complete submission, we do not find the
evidence presented by the applicant is sufficient to convince us
he should have been awarded the RVCM. In this respect, we note
the comments of the AFPC/DPSID indicating there is no
documentation contained in the applicants submission or his
military personnel records indicating that he served in the
Republic of Vietnam for the requisite six months, or supported
operations from outside the Republic of Vietnam for an aggregate
of six months in order to be eligible for the RVCM. We also
note the Air Force OPR has determined the applicants
eligibility for the award of the National Defense Service Medal
(NDSM), Vietnam Service Medal with one Bronze Service Star (VSM
w/1BSS), and Republic of Vietnam Gallantry Cross with Palm
(RVNGC w/P) and will correct his records administratively.
Therefore, in the absence of evidence to the contrary, we find
no basis for us to recommend granting relief beyond that
rendered administratively.
________________________________________________________________
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-2012-03452 in Executive Session on 21 Mar 13, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-03452 was considered:
Exhibit A. DD Form 149, dated 1 Aug 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 19 Nov 12.
Exhibit D. Letter, SAF/MRBR, dated 10 Dec 12.
Panel Chair
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