RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03779
		INDEX CODE:  107.00
	 	COUNSEL:  NONE

	 	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to reflect award of the Republic of Vietnam Gallantry Cross with Palm.
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APPLICANT CONTENDS THAT:

According to the Department of the Army General Order DA GO 8 1974, that the Vietnam Gallantry Cross Unit Citation with Palm was awarded to Headquarters U.S. Military Assistance Command (MACV) and all it’s subordinate units during the period from 8 February 1962 to 28 March 1973.  All military personnel who were assigned to units serving in Vietnam during this period were considered assigned to MACV and its subordinate units regardless of service or component.

In support of his request, the applicant submits a personal statement, DD Form 214, Report of Separation from Active Duty, a copy of an email, Special Order T-XXX, DD Form 1351-2, Travel Voucher or Subvoucher, Category 69 Clothing Certificate letter and a copy of a Clearance Form.  Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 4 April 1962, and was released from active duty on 4 November 1965.  He was stationed in the Philippines from 12 July 1964 to 2 February 1965, and was TDY to Vietnam during the period 9 November 1964 to 18 February 1965.  His DD Form 214, Certificate of Release or Discharge from Active Duty, reflects award of the Air Force Good Conduct Medal, the Air Force Outstanding Unit Award, and the Armed Forces Expeditionary Medal.

The applicant’s records were administratively corrected to reflect award of the Air Force Outstanding Unit Award W/2OLC and the Guided Missile Insignia.

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AIR FORCE EVALUATION:

The AFPC/DPPPR recommends denial of his request for award of the Republic of Vietnam Gallantry Cross with Palm.  Since the XXst Communications Group, Mobile, was not awarded this unit award from the Republic of Vietnam, he is not eligible for this award.  Unfortunately, the applicant has depended on an unreliable Internet site for his information regarding the Republic of Vietnam Gallantry Cross with Palm.  He is also citing a Department of the Army General Order, which does not apply to Air Force personnel.  Only those units listed in Air Force Pamphlet 900-3 are entitled to the Republic of Vietnam Gallantry Cross with Palm.  As the applicant was informed, the 1st Communications Group, Mobile did not receive this unit award from the Republic of Vietnam Government.  Therefore, he is not entitled to the award.  

The DPPPR evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states that he believes he is eligible to receive the Republic of Vietnam Gallantry Cross with Palm since he was assigned to the XXXXth Communications Group, and the XXXXth Communications Squadron, and both of these units received this award.

His complete submission, with attachments is at Exhibit E.

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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.  Only those units listed in Air Force Pamphlet 900-3 are entitled to the Republic of Vietnam Gallantry Cross with Palm.  Since neither of the units to which the applicant was assigned while serving in Vietnam were recipients of this award, and are not listed in this Air Force Pamphlet, he is not eligible for this award.  We took notice of the complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, we find no compelling basis to warrant favorable consideration of the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of a 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 no considered with this application.

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The following members of the Board considered Docket Number BC-2003-03779 in Executive Session on 27 April 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 4 Nov 03, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPPR, dated 21 Jan 04.
	Exhibit D.	Letter, SAF/MRBR, dated 5 Mar 04.
	Exhibit E 	Letter, Applicant, 15 Mar 04.