RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03301 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: He be awarded the appropriate ribbons, medals, decorations, badges, commendations and citations not awarded or authorized upon discharge. ________________________________________________________________ THE APPLICANT CONTENDS THAT: He should have received the Vietnam Service Medal (VSM) and the Republic of Vietnam Campaign Medal (RVNCM) for providing maintenance assistance at Tuy Hoa Air Base, Vietnam. He was exposed to Agent Orange in Vietnam and is applying for health benefits with the Department of Veterans Affairs (DVA). In support of his appeal, the applicant provides copies of Special Order T-173, dated 1 Oct 69 and his DD Form 214, Armed Forces of the United States Report of Transfer and Discharge, issued in conjunction with his 15 May 72 separation. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 17 May 68, the applicant entered active duty in the Regular Air Force for a period of four years. He was progressively promoted to the grade of sergeant (E-4). On 15 May 72, he was honorably released from active duty and transferred to the Air Force Reserve. He was credited with 4 years of active duty, including 1 year and 6 months of foreign service. DPSIDRA administratively corrected the applicant’s record to reflect the award of the VSM, with Two Bronze Service Stars (VSM, w/2BSSs) and the Republic of Vietnam Gallantry Cross, with Palm (RVGNC w/P). ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSID recommends denial of the applicant’s request for the Republic of Vietnam Campaign Medal (RVCM). DPSID notes that there is no official documentation in the applicant's official military personnel record verifying that he served for six months in South Vietnam or contributed direct combat support to the Republic of Vietnam Armed Forces for an aggregate of six months. To grant relief would be contrary to the eligibility criteria established by DoDM 1348.33. The RVNCM is awarded to members of the Armed Forces of the United States who between 1 March 1961 and 28 March 1973: served for six months in South Vietnam or 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 Armed Forces Expeditionary Medal (Vietnam) or the VSM during the period of service required are considered to have contributed direct combat support to the RVN Armed Forces. The complete DPSID evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluations were forwarded to the applicant on 29 Oct 13 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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 to warrant award of the Republic of Vietnam Campaign Medal. 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. In view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting further relief in this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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-2013-03301 in Executive Session on 6 May 2014, under the provisions of AFI 36-2603: , Panel Chair , Member , Member Although Ms. Barger chaired the panel, in view of her unavailability, Mr. Kearney has signed as Acting Panel Chair. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 5 Jul 13, w/atchs. Exhibit B. Applicant's Available Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 16 Sep 13. Exhibit D. Letter, SAF/MRBR, dated 29 Oct 13. 1 2