RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-00449 

						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, reflect the following awards:

a.  Air Medal (AM) (administratively corrected).

b.  Distinguished Flying Cross (DFC) (administratively corrected).

c.  Vietnam Service Medal (VSM) (previously corrected).

d.  Vietnam Campaign Medal (VCM) (previously denied, BC-2015-02623).

APPLICANT CONTENDS THAT:

They are not listed on his DD Form 214.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 18 May 66.

On 20 Mar 70, the applicant was furnished an honorable discharge, and was credited with 3 years, 10 months, and 3 days of active service. 

AFPC/DP3SP verified entitlement to the following awards:

a.  AM with two Bronze Oak Leaf Clusters (administratively corrected).

b.  DFC (administratively corrected).

c.  VSM with one Bronze Service Star (previously corrected).

Upon final Board decision, AFPC/DP2STM will administratively correct the applicant’s personnel record to reflect these decorations.  

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit D.    

AIR FORCE EVALUATION:

AFHRA recommends granting the applicant’s request for the Republic of Vietnam Campaign Medal (RVCM), indicating there is evidence of an error or injustice.  

According to Department of Defense Instruction 1348.17, dated 20 Jun 66, the RVCM requirements are:

a.  Awarded to military personnel of the United States Armed Forces who during the period of 1 Jan 60 and until a date to be announced;

	b.  Serve for 6 months in South Vietnam during wartime; or

	c.  Serve outside the geographic limits of South Vietnam and contribute direct combat support to the Republic of Vietnam Armed Forces for 6 months in their struggle against a hostile armed force. Only those members of the US Armed Forces who meet the criteria established for the AFEM (Vietnam) or the VSM during the period of service required are considered to have contributed direct combat support to the Republic of Vietnam Armed Forces.

As a loadmaster in the 31st Military Airlift Squadron, 436th Military Airlift Wing in Feb 67, as well as his over one year service with the 29th and 773rd Tactical Airlift Squadrons of the 463rd Tactical Airlift Wing for the Nov 68 through Feb 70 period, his eligibility (reinforced by the Air Medal and DFC awards) clearly show that he also meets the criteria (noted above) for both the VSM and RVCM.

A complete copy of the AFHRA evaluation is at Exhibit c.

AFPC/DP3SP recommends denial of the VCM, indicating there is no evidence of an error or an injustice.  

The VCM is awarded to members of the US Armed Forces who, between 1 Mar 61 and 28 Mar 73 served for 6 months in South Vietnam, 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 6 months.  Only members of the United States Armed Forces who meet the criteria established for the Armed Forces Expeditionary Medal or the Vietnam Service Medal during the period of service required are considered to have contributed direct combat support to the Republic of Vietnam Armed Forces; or, did not complete the length of service required, but who, during wartime, were: wounded by the enemy (in a military action), captured by the enemy during action or in the line of duty, but later rescued or released, killed in action or in the line of duty; or were assigned in Vietnam on 28 Jan 73, and served in Vietnam for the entire period between 29 Jan 73 to 28 Mar 73.

There was no official documentation provided or located verifying the applicant served for an aggregate of 6 months in the area of eligibility for award of the VCM.  Unfortunately, the documentation provided by the Air Force Historical Research Agency does not give specific locations of service nor does it indicate the applicant was in the area of eligibility to meet the criteria for award of the VCM.

A complete copy of the AFPC/DP3SP evaluation is at Exhibit E.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 31 Jan 17 for review and comment within 30 days (Exhibit F).  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.  While the applicant claims a date of discovery of less than three years ago, in our view, the reasonable date of discovery of the alleged error or injustice was more than three years ago and the application is therefore untimely.  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 an injustice.  After a thorough review of the evidence of record and the applicant’s complete submission, we believe the applicant is the victim of an error or injustice.  While we note AFPC/DP3SP recommends denial for the RVCM, we agree with AFHRA that the applicant’s receipt of the Air Medal and DFC clearly shows he meets the criteria for the RVCM.  Therefore, we recommend the applicant’s records be corrected as indicated below.  

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the applicant be corrected to show that his DD Form 214, Certificate of Release or Discharge from Active Duty, issued on 20 March 1970, be amended to reflect the award of the Republic of Vietnam Campaign Medal. 

The following members of the Board considered AFBCMR Docket Number BC-2016-00449 in Executive Session on 6 Jun 17 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-00449 was considered:

	Exhibit A.  DD Form 149, dated 15 Jun 16, w/atchs.
	Exhibit B.  Excerpts from Personnel Records.
	Exhibit C.  Memorandum, AFHRA, dated 12 Feb 16.
Exhibit D.  Memorandum, AFPC/DP3SP, dated 8 Apr 16.
Exhibit E.  Memorandum, AFPC/DP3SP, dated 14 Jan 17.
	Exhibit F.  Letter, AFBCMR, dated 31 Jan 17.
	
Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.