RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04053 COUNSEL: NONE HEARING DESIRED: NOT INDICATED ________________________________________________________________ THE APPLICANT REQUESTS THAT: He be entitled to the award of the Vietnam Service Medal (VSM), the Republic of Vietnam Gallantry Cross, with Palm (RVNGC, w/P), and the Republic of Vietnam Campaign Medal, with three devices. ________________________________________________________________ THE APPLICANT CONTENDS THAT: Based on his research while he was serving in the Air Force Reserve, he determined that he should be entitled to the requested awards. In support of his appeal, the applicant provides a copy of his DD Form 214, Report of Transfer or Discharge, issued in conjunction with his 1 Feb 73 release from active duty. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant served on active duty from 2 May 69 to 1 Feb 73. He was credited with 3 years, 10 months, and 29 days of total service, including 1 year of foreign service. The applicant’s DD Form 214 reflects in Item 30, Vietnam – Yes. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial, stating, in part, that no documentation was provided by the applicant or could be located to verify the applicant meets the eligibility requirements for award of the VSM; therefore the applicant is not eligible for the VSM or the RVCM. No documentation was provided by the applicant or located to verify the applicant served with a unit that was awarded the RVNGC, w/P. They were unable to find any documentation to support that the applicant served in the area of eligibility or for the minimum time required for award of the VSM or the RVCM. In addition, the only authorized device to the RVCM is a bar denoting the year of service, no other devices are authorized; therefore, the applicant is not eligible for three devices to the RVCM. The complete AFPC/DPSIDR evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: The applicant reiterated his contention that he is entitled to the award of the VSM, the RVCM, and the RVNGC, w/P and provides additional documentation to substantiate his claim. In support of his appeal, the applicant provides a personal statement; a copy of his Permanent Change of Station (PCS) orders to Vietnam; copies of two airman performance reports (APRs); a copy of a Report on Individual Personnel (RIP), and other supporting documents. The applicant’s complete response, with attachments, is at Exhibit E. ________________________________________________________________ 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. Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting corrective action. Based on a careful review of the available evidence of record, including the documentation provided in the applicant’s response, we conclude the applicant is entitled to the award of the VSM, the RVCM, and the RVNGC, w/P. In this respect, we note, in his response to the Air Force office of primary responsibility (OPR), he submits a copy of his PCS orders to Vietnam and two APRs, rendered for the periods; 2 May 69 to 25 Jun 70 and 26 Jun 70 to 25 Dec 70. In addition, the Air Force Manual 900-1, reflects the unit the applicant was assigned to in Vietnam was the recipient of the RVNGC, w/P during his service in Vietnam. Therefore, we believe the applicant is entitled to the award of the VSM, the RVCM, and the RVNGC, w/P. Accordingly, we recommend the applicant’s record be corrected to the extent indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, issued 1 Feb 73, Item 24, Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized be amended to reflect the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal (RVCM) and the Republic of Vietnam Gallantry Cross, with Palm, (RVNGC, w/P). ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-04053 in Executive Session on 14 July 2011, 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 15 Oct 10, w/atch. Exhibit B. Available Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 26 Jan 11. Exhibit D. Letter, SAF/MRBR, dated 4 Feb 11. Exhibit E. Letter, Applicant, dated 17 Feb 11, w/atchs.