RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03568 COUNSEL: NO HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded: 1. The Vietnam Service Medal (VSM) 2. The Republic of Vietnam Campaign Medal (RVCM) 3. The Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P). (Administratively corrected) _________________________________________________________________ APPLICANT CONTENDS THAT: He is entitled to the requested awards for his service in the Republic of Vietnam. While serving at Ching Chaun Air Base, Taiwan, he made several trips of temporary duty (TDY) to inspect and pack parachutes. Many of these TDYs were to Vietnam, but were without orders being processed; therefore, he is unable to produce them for that reason. In support of his appeal, the applicant provides a copy of his DD Form 214, Report of Separation from Active Duty; and, an AFPC/DPSIDR notification letter, dated 8 December 2010, pertaining to his award of the RVNGC w/P and the Philippine Republic Presidential Unit Citation (PRPUC). The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Regular Air Force who served on active duty from 1 June 1967 to 4 November 1974. On 26 January 2011, the applicant was notified that his record was corrected to reflect award of the PRPUC and the RVNGC w/P. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial. DPSIDR states the VSM is awarded to all members of the United States Armed Forces who served in Vietnam or contiguous waters or airspace after 3 July 1965, and before 28 March 1973. In addition, personnel serving in Thailand, Laos, or Cambodia (Southeast Asia) in direct support of operations in Vietnam during the same time period were eligible for the VSM, provided they were: 1) permanently assigned, attached, or detailed for one or more days with an organization participating in or directly supporting ground (military) operations; 2) permanently assigned, attached, or detailed for one or more days aboard a naval vessel directly supporting military operations; 3) actually participated as a crewmember in one or more aerial flights directly supporting military operations; or, 4) served on temporary duty for 30 consecutive or 60 non-consecutive days in the Republic of Vietnam or Southeast Asia. Time limitations may be waived for personnel participating in combat operations. The RVCM 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 March 1961 and 28 March 1973; or, served outside the geographical limits of South Vietnam and contributed direct combat support to the Republic of Vietnam 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 VSM during the period of service required are considered to have contributed direct combat support to the Republic of Vietnam Armed Forces. DPSIDR indicates they were unable to verify the applicant served for 30 consecutive or 60 non-consecutive days in the Republic of Vietnam or Southeast Asia. They were able to verify he served on two TDYs to the Republic of Vietnam for 16 days and 14 days respectively. He was not permanently assigned to a unit in Vietnam or in Southeast Asia in support of operations in Vietnam. Additionally, there is no evidence that he participated in combat while in Vietnam and he does not contend he was involved in aerial flight in support of combat operations or was aboard a naval vessel in support of combat operations. Therefore, since he does not meet the qualifications for award of the VSM, he is ineligible for award of the RVCM as well. The complete DPSIDR evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 5 August 2011 for review and response within 30 days (Exhibit D). 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. 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. The available records shows the applicant was present in Vietnam for only 30 non-consecutive day, which is short of the 60 non-consecutive days needed for award of the VSM. Without award of the VSM, the applicant cannot qualify for the RVCM. Therefore, in the absence of evidence to the contrary, we find no 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 AFBCMR Docket Number BC-2010-03568 in Executive Session on 6 March 2012, under the provisions of AFI 36-2603: The following documentary evidence was considered for AFBCMR Docket Number BC-2010-03568: Exhibit A. DD Form 149, dated 21 Jun 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 27 Jul 11. Exhibit D. Letter, SAF/MRBR, dated 5 Aug 11.