RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00324
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His DD Form 214, Armed Forces of the United States Report of
Transfer or Discharge, be corrected to reflect the following:
1. Republic of Vietnam Campaign Medal (RVCM).
2. Vietnam Service Medal (VSM) (administratively resolved) or
the Armed Forces Expeditionary Medal (AFEM).
APPLICANT CONTENDS THAT:
He served in Vietnam from 28 Jul 69 to 25 Nov 69.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 24 Jan 68, the applicant commenced his enlistment in the
Regular Air Force.
On 21 Jan 72, the applicant was furnished an honorable
discharge, and was credited with 3 years, 11 months, and 22 days
of active service with no foreign service.
On 19 Feb 14, AFPC/DPAPP notified the applicant that his foreign
service boots on ground in Vietnam had been verified and his
records will be corrected administratively to reflect 3 months
and 29 days of foreign service.
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial for award the RVCM and AFEM
indicating there is no evidence of an error or an injustice.
The RVCM is awarded to members of the armed forces who, during
the period 1 Mar 61 through 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 (RVN) Armed Forces for an aggregate of six
months. Only those who meet the criteria established for the
AFEM or the VSM during the period of service are considered to
have contributed direct combat support to the RVN Armed Forces.
Without official evidence to show the applicant was in the AOE
for an aggregate of six months his entitlement to the RVCM
cannot be verified.
As for his request for the VSM or AFEM, a review of the
applicants records revealed that he should have been awarded
the VSM and the Republic of Vietnam Gallantry Cross with Palm
(RVGC w/P) and his records will be corrected administratively.
As for his request for the AFEM, it was authorized prior to the
establishment of the VSM for service in support of the Vietnam
Conflict in Vietnam from 1 Jul 58 to 3 Jul 65. Service members
who earned the AFEM during that period may elect to receive the
VSM instead of the AFEM. However, no service member can receive
both medals for service in Vietnam. The applicant is not
eligible for the AFEM because he did not serve in Vietnam during
the inclusive period for the award.
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 28 Jul 14 for review and comment within 30 days
(Exhibit D). 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 with respect
to the applicants request for the Republic of Vietnam Campaign
Medal (RVCM) and the Air Force Expeditionary Medal (AFEM). 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 that the applicant has not been the
victim of an error or injustice with respect to the RVCM or
AFEM. We note the Air Force OPR has verified the applicants
entitlement to the Vietnam Service Medal (VSM) and Republic of
Vietnam Gallantry Cross with Palm (RVGC w/P) and has corrected
his records administratively. Therefore, in the absence of
evidence to the contrary, we find no basis to recommend granting
any 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-2014-00324 in Executive Session on27 Jan 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Jan 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSID, dated 11 Apr 14.
Exhibit D. Letter, SAF/MRBR, dated 28 Jul 14.
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