RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-02438

						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:

1. Vietnam Service Medal (VSM).

2. Republic of Vietnam Gallantry Cross with Palm (RVGC w/P).

3. Vietnam Campaign Medal (VCM).

4. Foreign Service time in Vietnam.

APPLICANT CONTENDS THAT:

His orders show he went to Guam and on his Report on Individual Personnel dated 3 May 79, shows he was awarded the Vietnam Service Medal, Republic of Vietnam Gallantry Cross with Palm, and the Vietnam Campaign Medal.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 23 Oct 70.

On 19 Jul 79, the applicant was furnished an honorable discharge, and was credited with 8 years, 8 months, and 27 days of active service.   

The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility, which are attached at Exhibits C and D.    

AIR FORCE EVALUATION:

AFPC/DP3AM recommends denial indicating there is no evidence of an error or an injustice warranting changing the applicant’s DD Form 214 to reflect foreign service in Vietnam.  They were unable to verify and confirm foreign service in Vietnam.  They were able to verify and confirm foreign service boots on ground in Guam.

A complete copy of the AFPC/DP3AM evaluation is at Exhibit C.

AFPC/DP3SP recommends denial indicating there is no evidence of an error or an injustice.  They opined this application was not filed within three years of the discovery of the alleged error or injustice, or with due diligence, should have been discovered.  Notwithstanding the timeliness of the application, after a thorough review of the applicant's official military personnel record, they were unable to verify award of the Vietnam Service Medal, Republic of Vietnam Gallantry Cross with Palm and the Vietnam Campaign Medal.  The applicant provided a Report on Individual Personnel dated 3 May 79 indicating he was awarded the Vietnam Service Medal, Republic of Vietnam Gallantry Cross with Palm and the Vietnam Campaign Medal.  The form also indicated foreign service on Guam for 52 days; however, they were unable to locate the Report on Individual Personnel in the applicant’s official military personnel record.

They were able to determine that the Air Force Outstanding Unit Award with two Bronze Oak Leaf Clusters (AFOUA w/2BOLC) should have been awarded during the applicant's service from 23 Oct 70 to 19 Jul 79 and was not reflected in his records.  They recommend the Board make a decision on the Vietnam Service medals based on the merits of the case.  The applicant provided his Report on Individual Personnel, dated 3 May 79, which reflects award of the Vietnam Service Medal, Republic of Vietnam Gallantry Cross with Palm and the Vietnam Campaign Medal; however, the Air Force Personnel Center, Directorate of Assignments and their office have been unable to locate official documentation verifying he served in the area of eligibility during the award inclusive period.  The document verifies overseas duty in Guam from 17 Oct 72 for 52 days; however, Guam is not in the area of eligibility for award of the Vietnam Service Medal or the Vietnam Campaign Medal.  They were unable to locate official documentation nor did the applicant provide any to verify he served in Vietnam, Thailand, Laos, or Cambodia in direct support of operations in Vietnam or permanently assigned, attached, or detailed for one, or more, days with an organization participating in or directly supporting ground (military) operations; permanently assigned, attached, or detailed for one, or more days aboard a naval vessel directly supporting military operations; have actually participated as a crew member in one or more aerial flights directly supporting military operations; or served on temporary duty for 30 consecutive or 60 non-consecutive days in the area of eligibility for award of the Vietnam Service Medal.  They were unable to verify the applicant served with a unit that received award of the Republic of Vietnam Gallantry Cross with Palm.  There is no official documentation in the applicant's record to verify he was in the area of eligibility for an aggregate of 6 months for award of the Vietnam Campaign Medal.  To grant relief would be contrary to the criteria established by DoDM 1348.33, Manual of Military Decorations and Awards, Secretary of the Air Force, Chief of Staff, and/or the War Department.  Upon final board decision, administrative correction of the applicant's official military personnel record will be completed.  

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant was disappointed after reading the evaluations, but appreciated the attention given to his situation.  He describes his return from Asia, opining that he felt they had failed their mission based on the way they were treated.  He stated he does not have any additional records to help substantiate his request.

A complete copy of the applicant’s rebuttal is at Exhibit F.  

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 an error or injustice regarding the applicant’s request for award of the VSM and VCM, and foreign service time in Vietnam.  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 Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice warranting award of the VSM, the VCM, and foreign service time in Vietnam.  

Notwithstanding the above, the Board notes that AFPC/DP3SP was able to determine that the applicant’s record will be administratively corrected to show he had been awarded the Air Force Outstanding Unit Award with two Bronze Oak Leaf Clusters (AFOUA w/2BOLC, and AFPC/DP3AM was able to verify and confirm 52 days of foreign service/ boots on ground at Anderson AFB, Guam.  Additionally, evidence submitted by the applicant and a review of Air Force historical awards and decorations records revealed that the applicant was assigned to the 43rd Strategic Wing, Andersen AFB, Guam, during the time period that unit was awarded the RVGC w/P, in accordance with AFP 900-2, Unit Decorations, Awards, and Campaign Participation Credits, Volume II, dated 23 Nov 81.  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:

a. He was awarded the Republic of Vietnam Gallantry Cross with Palm (RVGC w/P); and, 

b. He had 52 days of foreign service at Anderson AFB, Guam, in 1972.  

The following members of the Board considered AFBCMR Docket Number BC-2016-02438 in Executive Session on 26 Sep 17 under the provisions of AFI 36-2603:

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-02438 was considered:

	Exhibit A.  DD Form 149, dated 10 May 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3AM, dated 7 Nov 16.
	Exhibit D.  Memorandum, AFPC/DP3SP, dated 14 Jan 17.
	Exhibit E.  Letter, SAF/MRBR, dated 14 Aug 17.
	Exhibit F.  Letter, Applicant, dated 19 Aug 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.