RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03301
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
THE APPLICANT REQUESTS THAT:
He be awarded the appropriate ribbons, medals, decorations,
badges, commendations and citations not awarded or authorized
upon discharge.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
He should have received the Vietnam Service Medal (VSM) and the
Republic of Vietnam Campaign Medal (RVNCM) for providing
maintenance assistance at Tuy Hoa Air Base, Vietnam.
He was exposed to Agent Orange in Vietnam and is applying for
health benefits with the Department of Veterans Affairs (DVA).
In support of his appeal, the applicant provides copies of
Special Order T-173, dated 1 Oct 69 and his DD Form 214, Armed
Forces of the United States Report of Transfer and Discharge,
issued in conjunction with his 15 May 72 separation.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 17 May 68, the applicant entered active duty in the Regular
Air Force for a period of four years. He was progressively
promoted to the grade of sergeant (E-4).
On 15 May 72, he was honorably released from active duty and
transferred to the Air Force Reserve. He was credited with
4 years of active duty, including 1 year and 6 months of foreign
service.
DPSIDRA administratively corrected the applicants record to
reflect the award of the VSM, with Two Bronze Service Stars
(VSM, w/2BSSs) and the Republic of Vietnam Gallantry Cross, with
Palm (RVGNC w/P).
________________________________________________________________
THE AIR FORCE EVALUATION:
AFPC/DPSID recommends denial of the applicants request for the
Republic of Vietnam Campaign Medal (RVCM). DPSID notes that
there is no official documentation in the applicant's official
military personnel record verifying that he served for six
months in South Vietnam or contributed direct combat support to
the Republic of Vietnam Armed Forces for an aggregate of six
months. To grant relief would be contrary to the eligibility
criteria established by DoDM 1348.33.
The RVNCM is awarded to members of the Armed Forces of the
United States who between 1 March 1961 and 28 March 1973: served
for six months in South Vietnam or 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 of the Armed Forces of the United States
who meet the criteria established for the Armed Forces
Expeditionary Medal (Vietnam) or the VSM during the period of
service required are considered to have contributed direct
combat support to the RVN Armed Forces.
The complete DPSID evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluations were forwarded to the
applicant on 29 Oct 13 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 error or injustice to warrant award
of the Republic of Vietnam Campaign Medal. 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 relief beyond
that already granted administratively is not warranted. In view
of the above and in the absence of evidence to the contrary, we
find no basis to recommend granting further relief 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-2013-03301 in Executive Session on 6 May 2014, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
Although Ms. Barger chaired the panel, in view of her
unavailability, Mr. Kearney has signed as Acting Panel Chair.
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Jul 13, w/atchs.
Exhibit B. Applicant's Available Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 16 Sep 13.
Exhibit D. Letter, SAF/MRBR, dated 29 Oct 13.
Acting Panel Chair
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