RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01569
		INDEX CODE:  107.00
		COUNSEL:  None

		HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His record be corrected to show that he was awarded the Air Force Good Conduct Medal (AFGCM) (6 October 1962-5 November 1965); the Air Force Outstanding Unit Award (SO GB-333, 3 December 1965) with valor for service in Vietnam; the Air Force Expeditionary Medal with two bronze service stars; and the Republic of Vietnam Gallantry Cross with Palm.

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APPLICANT CONTENDS THAT:

The medals were awarded to him after he was honorably discharged and became a civilian.

In support of the application, the applicant submits a list of his requested changes, a copy of his separation document (DD 214), a copy of a letter from his former unit with special order GB-333, and a copy of page 2 of his service record.  The applicant's complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 6 October 1959, the applicant enlisted in the Regular Air Force in the grade of Airman Third Class (E-2), at the age of 28 for a period of four (4) years.  He was credited with prior Regular Air Force service from 29 December 1949 to 14 September 1953 and Air Force Reserve service 26 May 1956 to 5 October 1959.  He was progressively promoted to the grade of staff sergeant effective and with a date of rank of 1 October 1963.  He served two (2) overseas tours from 25 July 1951 to 16 April 1953 and 31 August 1963 to 27 February 1965.  On 5 November 1965, the applicant was honorably discharged by reason of expiration of term of service.  He had served 6 years and 1 month on active duty during his last period of service and was credited with 9 years, 9 months, and 16 days of total active service.  His DD 214 reflects he was awarded the Armed Forces Expeditionary Medal with 1 Oak Leaf Cluster, the Air Force Good Conduct Medal with 2 Bronze Oak Leaf Clusters, the Air Force Longevity Service Award with 1 Bronze Oak Leaf Cluster, and the Air Force Outstanding Unit Award with One Oak Leaf Cluster.

On 19 July 2004, HQ AFPC/DPPPR corrected the applicant’s DD 214 to reflect award of the Armed Forces Expeditionary Medal with 2 Bronze Service Stars, the Air Force Outstanding Unit Award with One Oak Leaf Cluster, and the Air Force Good Conduct Medal.

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AIR FORCE EVALUATION:

HQ AFPC/DPPPR verified the applicant’s entitlement to the AFOUA w/1OLC (not the AFOUA w/V), the AFGCM, and the AFEM w/2BSS.  DPPPR forwarded a DD 215 (Correction to DD 214 – Separation Document) to the applicant.  HQ AFPC/DPPPR recommends denial of the applicant’s request for the award of the Republic of Vietnam Gallantry Cross with Palm (RVGC w/P).  DPPPR states the applicant is not entitled RVGC w/P.  DPPPR notes this medal is awarded to certain units of the U.S. Armed Forces for valorous combat achievement during the Vietnam War, 1 March 1961 to 28 March 1973.  DPPPR states they were unable to verify the applicant’s entitlement to the RVGC w/P in his military record.  DPPPR’s evaluation is attached at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states he was advised that duty on the ground in Vietnam for 30 days or more entitled an individual to the “v” device.  The reason the third order did not appear on his separation document was that the order was issued on 3 December 1965 and he was separated on November 1965.  The reason his Vietnam service did not appear on this separation document was like so many other airmen, they were sent TDY so as not to be listed as in country, which would change the number of airman listed by the Department of Defense (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.  After a thorough review of the available evidence and the applicant’s complete submission, we are not persuaded that his records should be corrected to show he is entitled to the award of the Republic of Vietnam Gallantry Cross with Palm or the “V” device with the AFOUA.  Other than his own assertions, the applicant has provided no documentary evidence that would establish his entitlement to either of the above-cited awards.  We are not unmindful or unappreciative of his service to his Nation.  However, in the absence of documentary evidence showing the corrected record of his awards and decorations, as presently constituted, is erroneous or unjust, we have no basis on which to favorably consider this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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 16 November 2004, under the provisions of AFI 36‑2603:

The following documentary evidence was considered for AFBCMR Docket Number BC-2004-01569

     Exhibit A.  DD Form 149, dated 10 May 04 w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPPR, dated 1 Jul 04.
     Exhibit D.  Letter, SAF/MRBR, dated 23 Jul 04, w/atchs.
     Exhibit E.  Applicant’s Rebuttal, dated 28 Jul 04 w/atchs.