RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01144 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to reflect award of the Republic of Vietnam Gallantry Cross with Palm (RVGC w/P) and Credit for his service in Vietnam and Germany (administratively corrected). _________________________________________________________________ APPLICANT CONTENDS THAT: His DD Form 214 does not reflect any of his foreign service. He also believes he is entitled to the RVGC w/P for his service in Vietnam with the 821st Combat Security Police Squadron. In support of his request, the applicant provides a copies of documents extracted from his military personnel records. Applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant served on active duty from 8 Mar 66 to 15 Dec 69. HQ AFPC/DPAPP informed the applicant that they confirmed he had nine months and four days of Foreign Service. DPAPP also confirmed his “boots on ground” for Vietnam. They further advised that his records will be administratively corrected to reflect his Foreign Service. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSIDRA recommends denial of the award of RVGC w/P. DPSIDRA notes the RVGC w/P is awarded to certain units of the Armed Forces for their valorous combat achievement during the Vietnam War. The 821st Security Police Squadron was awarded the RVGC w/P for the period 1 Nov 69 to 21 May 71. The applicant is not entitled to the RVGC w/P because he did not serve with the unit during the inclusive period for award of the RVGC w/P. The complete AFPC/DPSIRDA evaluation is attached at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 5 Nov 10, for review and comment within 30 days. As of this date, no response has been received by this office. _________________________________________________________________ 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 warranting award of the RVGC w/P. We found no evidence that the applicant served during the inclusive period with a unit that was awarded the RVGC w/P. Therefore, 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 granted administratively is not warranted. Therefore, we find no basis to recommend granting the additional 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 AFBCMR Docket Number BC-2010-01144 in Executive Session on 7 Dec 10, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Forms 149, dated 9 & 25 Mar 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIRDA, dated 19 Oct 10. Exhibit D. Letter, SAF/MRBR, dated 5 Nov 10.