RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00163 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: 1. He be awarded the Distinguished Unit Citation (DUC) redesignated as the Presidential Unit Citation (PUC). 2. He be awarded the Republic of Vietnam Campaign Medal (RVNCM). 3. He be awarded the Vietnam Service Medal with two Bronze Service Stars (VSM w/2 BSS) – administratively corrected. 4. He be awarded the Republic of Vietnam Gallantry Cross with Palm (RVGC w/P) – administratively corrected. 5. He be awarded the North Atlantic Treaty Organization (NATO) Service Medal also known as the United Nations Service Medal (UNSM). 6. He be awarded the Air Force Good Conduct Medal (AFGCM) – administratively corrected. 7. He be awarded the Small Arms Expert marksmanship Ribbon with one Bronze Service Star (SAEMR w/1 BSS) – administratively corrected. 8. He be credited with an additional 5 months and 5 days of foreign service time in Vietnam – administratively corrected to 1 year, 5 months, and 6 days. ___________________________________________________________________ APPLICANT CONTENDS THAT: His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, does not reflect the appropriate awards and foreign service time. He heard his unit received the PUC during his assignment in Vietnam. In support of his request, applicant provides a copy of his DD Form 214, a copy of AF Form 626, Temporary Duty Order – Military, a copy of a special order, a copy of a certificates of training, a copy of PACAF Form 100, Hostile Fire Pay Certification, a copy of AF Form 522, Qualification Score Card, and a copy of AF Form 1098, Personnel Action Request. His complete submission, with attachments, is at Exhibit A. ___________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 3 Mar 67. He was progressively promoted to the grade of sergeant (E-4), having assumed that grade and with a date of rank of 1 Feb 70. The applicant’s 3 Mar 68 thru 1 Aug 68 performance report reflects he was assigned to the 6167 Air Base Squadron, Kimpo AB, Korea. The applicant’s 1 Mar 69 thru 15 Feb 70 evaluation reflects a statement that he “assisted in the building of the Fire Direction Center and mortar positions at Phan Rang AB, RVN” that confirms he served in the Republic of Vietnam (RVN). He received an honorable discharge on 25 Jan 71 after serving 3 years, 10 months, and 22 days on active duty. AFPC/DPAPP advised the applicant on 23 Mar 10 that they were able to verify and confirm his “boots on ground” foreign service time at Kimpo Air Base, Korea, from 15 Aug 67 to 13 Aug 68, and his foreign service time in Phu Cat Base, RVN, and Phan Rang Air Base, RVN, from 15 Sep 69 to 20 Feb 70. His combined total foreign service should be corrected to reflect 1 year, 5 months, and 6 days (see Exhibit C). The PUC criteria: Executive Order 9075 on 26 Feb 42, created this award and was superseded by Executive Order 9396 on 2 Dec 43, which authorized the Distinguished Unit Citation, and this executive order was superseded by Executive Order 10694, on 10 Jan 57 which redesignated the Distinguished Unit Citation as the Presidential Unit Citation. It is conferred on units of the armed forces of the United States and of cobelligerent nations, for extraordinary heroism in action against an armed enemy on or after 7 Dec 41. The unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as to set it apart from and above other units participating in the same campaign. The degree of heroism required is the same that which would warrant award of the Distinguished Service Cross to an individual. The UNSM criteria: The medal is awarded to members of the Armed Forces of the United States who participated in the United Nations action in Korea between 27 Jun 50 and 27 Jul 54 within the territorial limits of Korea, the waters immedicately adjacent, or the airspace above Korea or the adjacent waters. The RVNCM criteria: This medal is awarded to members of the armed forces of the United States who: 1) Served for six months in South Vietnam during the period 1 Mar 61 to 28 Mar 73; 2) 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 armed forces of the United States who meet the criteria established for the AFEM (Vietnam) or Vietnam Service Medal during the period of service required are considered to have contributed direct combat support to the RVN armed forces; 3) Did not complete the length of service required in item (1) or (2) above, but who, during wartime, were: a) wounded by the enemy (in a military action); b) captured by the enemy during action or in the line of duty, but later rescued or released; c) killed in action or in the line of duty; 4) Were assigned in Vietnam on 28 Jan 73, and who served a minimum of 60 calendar days in Vietnam during the period 29 Jan to 28 March 73. ___________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denying the applicant’s request for the PUC and the United Nations Service Medal (UNSM) (also referred to by the applicant as the NATO Service Medal). The applicant did not participate in United Nations action in Korea during the required period to be entitled to the medal. DPSIDR was able to verify his entitlement to the AFGCM, the VSM w/2 BSS, the KDSM, the SAEMR w/1 BSS, and the RVGC w/P. The DPSIDR complete evaluation is at Exhibit D. ___________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial of the RVNCM. The applicant served in Vietnam from 15 Sep 69 to 20 Feb 70 for a total of 5 months and 6 days which does not meet the criteria for award of the medal. The DPSIDR complete evaluation is at Exhibit F. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 23 Apr 10 and 20 May 10 for review and comment within 30 days. As of this date, this office has received no response. ___________________________________________________________________ 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 with regard to the applicant’s request for the PUC, RVNCM, and UNSM. 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 relief beyond that already granted administratively is not warranted. Therefore, we find no basis to favorably consider 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 AFBCMR Docket Number BC-2010-00163 in Executive Session on 15 Jun 10, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 12 Jan 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPAPP, dated 23 Mar 10. Exhibit D. Letter, AFPC/DPSIDR, dated 5 Apr 10. Exhibit E. Letter, SAF/MRBR, dated 23 Apr 10. Exhibit F. Letter, AFPC/DPSIDR, dated 13 May 10. Exhibit G. Letter, AFBCMR, dated 20 May 10. Panel Chair