RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-00896
								INDEX CODE:  107.00
	XXXXXXXXXXXXX				COUNSEL:  NONE

								HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  23 September 2008

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APPLICANT REQUESTS THAT:

He be awarded the Air Force Outstanding Award (AFOUA), Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P), and Republic of Vietnam Campaign Medal (RVNCM).

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APPLICANT CONTENDS THAT:

Since the Vietnam Service Medal (VSM) is now on his records, his DD Form 214 should also include the RVNGC w/P, and RVNCM for supporting direct combat operations.

While assigned to the 8th Tactical Fighter Wing (8th TFW), they were awarded the AFOUA with “V” device from 1 April 1972 through 22 October 1972, and again from 18 December 1972 through 15 August 1973.

In support of his appeal, applicant has provided copies of his DD Form 214, dated 6 March 1977, DD Form 215 adding the VSM with one Bronze Service Star to his records, dated 10 August 2006, and U.S. Government Motor Vehicle Operator’s ID Card, issued 8 May 1972. 

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant entered active duty on 4 October 1971 and served as an aircraft maintenance specialist.  He served two TDYs in Thailand from July 1972-December 1972, and March 1973-September 1973, and was awarded the VSM with one Bronze Service Star.  He was honorably discharged on 6 March 1977 after serving a total of five years, five months, and three days of total active service.  He is entitled to wear the VSM with one Bronze Service Star, Air Force Commendation Medal, National Defense Service Medal, Air Force Longevity Service Award, and Air Force Good Conduct Medal.

The AFOUA is awarded by the Secretary of the Air Force to military units that distinguish themselves during peacetime or in action against hostile forces of an armed enemy of the U.S.  It is restricted to recognizing acts or services that place the unit’s performance significantly above that of other units of similar composition and mission responsibility, and only 10% of similar units assigned to each command are recommended annually.

The RVNCM is awarded to members of the Armed Forces of the U.S. who served for six months in South Vietnam during the period 1 March 1961 to 28 March 1973, 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 U.S. Armed Forces who meet the criteria established for the VSM or the Air Force Expeditionary Medal (Vietnam) during the period of service required are considered to have contributed direct combat support to the RVN Armed Forces.  It may be awarded to those members who did not complete the required length of service but who, during wartime, were wounded by the enemy in a military action, captured by the enemy during action or in the line of duty, but later released or rescued, or killed in action or in the line of duty.  It may also be awarded to those members who were assigned in Vietnam on 28 January 1973, and who served a minimum of 60 calendar days in Vietnam during the period 29 January 1973 to 28 March 1973.

The RVNGC w/P is awarded by the Republic of Vietnam to certain units of the U.S. Armed Forces for valorous combat achievement during the Vietnam War, 1 March 1961 to 28 March 1973.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial of the AFOUA, RVNGC w/P, and RVCM.  Applicant was awarded the VSM while serving in Thailand; however, they were unable to verify entitlement to any additional awards.  Although they were able to verify that he was assigned to the 4th Organizational Maintenance Squadron, which was not awarded the AFOUA during the periods when he was assigned (1972-1973), they were unable to verify he was assigned to the 8th TFW while he was TDY to Thailand, and he must provide official documentation that verifies him being assigned or attached to the 8th TFW.

The AFPC/DPPPR evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on 4 May 2007, for review and comment, within 30 days.  However, as of this date, no response has been received by this office.

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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.  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 their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Applicant’s records do not indicate that he was eligible for award of the RVNCM, that his unit was awarded the RVNGC w/P, or that he was ever assigned/attached to the 8th TFW while TDY to Thailand.  If he can produce documents to verify that he meets the eligibility requirements for award of the RVNCM, his unit was awarded the RVNGC w/P, or that he was assigned or attached to the 8th TFW while TDY to Thailand, we will reconsider his application.   However, in the absence of said documents, we find no compelling basis to recommend granting 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 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 Docket Number BC-2007-00896 in Executive Session on 20 June 1977, under the provisions of AFI 36-2603:

				XXXXXXXXXX, Chair
				XXXXXXXXXX., Member
				XXXXXXXXXX, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 16 Mar 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 23 Apr 07.
    Exhibit D.  Letter, SAF/MRBR, dated 4 May 07.

                                   XXXXXXXXXX
                                   Chair