RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  BC-2003-01396
		INDEX CODE 107.00
	 	COUNSEL:  None

	 	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His DD Form 214 reflect receipt of the Republic of Vietnam Gallantry Cross with Palm (RVGCP).

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APPLICANT CONTENDS THAT:

He just found out about this “new” ribbon.

The applicant’s complete submission, with attachment, is at Exhibit A. 

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 25 Jan 54 and retired in the grade of master sergeant with 20 years, 5 months and 6 days of active service on 1 Jul 74.

The applicant served as a flight engineer in Taiwan with the XXth Troop Carrier Squadron from 27 Jul 66 to 27 Jul 67, and with the XXXth Tactical Airlift Squadron from 18 Aug 69 to 20 Aug 70.

On 8 May 03, HQ AFPC/DPPPRA advised the applicant he was not eligible for the RVGCP, but he was entitled to the NCO Academy Graduate Ribbon (NCO AGR) and the Combat Readiness Medal with 1 Oak Leaf Cluster (CRM 1OLC). On 22 Jul 03, HQ AFPC/DPPRSP informed the applicant his DD Form 214 had been administratively corrected to reflect receipt of the NCO AGR and the CRM 1OLC.

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AIR FORCE EVALUATION:

HQ AFPC/DPPPR advised that the applicant’s unit of assignment on his second tour, the XXXth Tactical Airlift Squadron, earned the RVGCP for the period 1 Apr 68 - 6 May 68, prior to his assignment 
to the unit. Since the applicant was not assigned to the XXXth Tactical Airlift Squadron during the period it earned the RVGCP, he is not eligible for or entitled to the medal. Denial is recommended.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 25 Jul 03 for review and comment within 30 days.  As of this date, this office has received no response.

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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 evidence of record and the applicant’s submission, we are not persuaded that he should be awarded the RVGCP. The applicant’s contentions are duly noted; however, we do not find these assertions, in and by themselves, sufficiently persuasive to override the available evidence and the rationale provided by the Air Force. Since the applicant apparently was not assigned to his unit during the period it earned the RVGCP, he is not eligible for the medal. We therefore adopt the rationale expressed as the basis for our decision that the applicant has not sustained his burden of having suffered either an error or an injustice. In view of the above and absent persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered this application in Executive Session on 21 and 26 August 2003 under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

The following documentary evidence relating to AFBCMR Docket Number BC-2003-01396 was considered:

   Exhibit A.  DD Form 149, dated 25 Feb 03, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, dated 1 Jul 03.
   Exhibit D.  Letter, SAF/MRBR, dated 25 Jul 03.

                                 
                                   Panel Chair