RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-02395 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: He be awarded the Republic of Vietnam Campaign Medal (RVNCM) and campaign battle stars to the Vietnam Service Medal (VSM). ________________________________________________________________ _ APPLICANT CONTENDS THAT: On 4 Mar 68, while on duty in Cam Ranh AB Vietnam his unit was attacked by mortar fire. He traveled with his C-130 unit to Da Nang AB and other bases while at Cam Ranh Bay. There was fighting at the bases at the time. In support of his request, applicant provided copies of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, a DD Form 215, Correction to DD Form 214, various deployment orders, temporary duty (TDY) orders, aeronautical orders, an order awarding the XXX Tactical Airlift Squadron (TAS) the Presidential Unit Citation, and historical data pertaining to the Air Base Defense in the Republic of Vietnam from 1961 – 1973. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: Applicant served on active duty in the Regular Air Force from 18 Sep 64 to 11 Sep 68. He was honorably released from active duty and transferred to the Air Force Reserve, having served 3 years, 11 months and 24 days of active military service, of which 1 year, 6 months, and 20 days was foreign service. The Directorate of Assignments (DOA) verified the applicant served 105 days TDY to Cam Ranh Bay AB, Vietnam. ________________________________________________________________ _ AIR FORCE EVALUATION: HQ AFPC/DPSIDR recommends denial of the applicant’s request for award of the RVNCM and campaign battle stars to the VSM. The RVNCM is awarded to members of the armed forces of the United States who served for six months in South Vietnam during the period 1 Mar 61 to 28 Mar 73. The DOA verified only 105 days spent in Vietnam, which makes him ineligible for award of the RVNCM. Using AFP 900-2, Volume II, they were unable to verify the XXX TAS or XXX Air Division (AD) received any campaign battle stars during the period applicant was assigned. In addition, they also checked the XXX Detachment 2 AD and XXX AD and neither unit was awarded campaign stars during applicant’s service period. The DPSIDR evaluation is at Exhibit C. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 11 Jan 08, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. To date, a response has not been received. ________________________________________________________________ _ 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 its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application. ________________________________________________________________ _ 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. ________________________________________________________________ _ The following members of the Board considered Docket Number BC-2007-02395 in Executive Session on 20 Mar 08, under the provisions of AFI 36-2603: The following documentary evidence pertaining to Docket Number BC-2007-02395 was considered: Exhibit A. DD Form 149, dated 23 Jul 07, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 6 Dec 07. Exhibit D. Letter, SAF/MRBR, dated 11 Jan 08.