RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05257
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be awarded the Republic of Vietnam Campaign Medal (RVCM).
APPLICANT CONTENDS THAT:
On 20 Jun 85, his DD Form 214, Certificate of Release or Discharge from Active Duty, was corrected to add the Vietnam Service Medal (VSM). Receipt of the VSM also qualified him for the RVCM.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 11 Jun 62.
On 10 Jun 66, the applicant was furnished an Honorable discharge from the Regular Air Force and entered the Air Force Reserve, effective 11 Jun 66.
On 25 May 67, the applicant was furnished an Honorable discharge from the Air Force Reserve and entered the Marine Corps, effective 26 May 67.
On 29 Jun 85, the applicants DD Form 214, dated 10 Jun 66, was corrected to reflect that he was awarded the VSM. The VSM is awarded to all members of the Armed Services who between 4 Jul 65 and 28 Mar 73 served in the following areas of Southeast Asia: Vietnam and its contiguous waters and airspace; in Thailand, Laos, or Cambodia or the airspace thereof and in the direct support of military operations in Vietnam. To be eligible, a service member must have been permanently assigned, attached, or detailed for one or more days with an organization participating in or directly support ground (military) operations, or have directly participated as a crew member in one or more aerial flights directly supporting military operations, or, have served on temporary duty for 30 consecutive or 60 non-consecutive days. Those time limitations may be waived for personnel participating in actual combat operations.
On 31 Mar 86, the applicant retired from the Marine Corps in the grade of Staff Sergeant (E-6) and was credited with 20 years and 5 days of active service.
The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C and D.
AIR FORCE EVALUATION:
AFPC/DPAPP recommends denial indicating there is no evidence of an error or an injustice. A review of the applicants Master Personnel Records and submitted documentation failed to provide any documents that substantiate foreign service in Vietnam.
A complete copy of the AFPC/DPAPP evaluation is at Exhibit C.
AFPC/DPSID recommends denial indicating there is no evidence of an error or an injustice. The Republic of Vietnam Campaign Medal (VCM) is awarded to members of the United States Armed Force who, between 1 Mar 61 and 28 Mar 73, served for six months in South Vietnam, 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 United States Armed Forces who meet the criteria established for the Armed Forces Expeditionary Medal or the VSM during the period of service required are considered to have contributed direct combat support to the Republic of Vietnam Armed Forces. While the applicants DD Form 214 was corrected to reflect he was awarded the VSM, there was no documentation in his record related to said correction.
There is no official documentation in the applicants official military record verifying he was in the area of eligibility for an aggregate of six months in support of the Vietnam Armed Forces.
A complete copy of the AFPC/DPSID evaluation is at Exhibit D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 18 Aug 14 for review and comment within 30 days (Exhibit E). As of this date, no response has been received by this office.
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. While the applicant contends that the fact that he was awarded the Vietnam Service Medal (VSM) makes him eligible for the Republic of Vietnam Campaign Medal (RVCM), we do not find the evidence presented by the applicant sufficient to convince us he is the victim of an error or injustice. In this respect, we note that the VSM can be awarded for as little as 30 consecutive or 60 nonconsecutive days of service in certain parts of Southeast Asia during a specific qualifying period. Therefore, in view of the fact that the RVCM requires either six months of service in South Vietnam, or six months of service in aggregate from elsewhere in the Area of Responsibility in support of the conflict in South Vietnam, we are not convinced that the fact the applicant was awarded the VSM, in and of itself, is sufficient to conclude the applicant should have been awarded the RVCM. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.
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-2013-05257 in Executive Session on 23 Oct 14 under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-05257 was considered:
Exhibit A. DD Form 149, dated 8 Jan 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPAPP, dated 13 May 14.
Exhibit D. Memorandum, AFPC/DPSID, dated 7 Jul 14.
Exhibit E. Letter, SAF/MRBR, dated 18 Aug 14.
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