RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-03309 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NOT INDICATED _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Republic of Vietnam Campaign Medal (RVNCM). _________________________________________________________________ APPLICANT CONTENDS THAT: He was TDY three times to the Republic of Vietnam from the Philippines on or about Oct 66 – May 68. His first TDY was while he was at Jungle Survival School. He was hospitalized for two weeks before being air evacuated back to the Philippines. He returned to Vietnam about six weeks after his recovery and a third time for the 1968 Tet Offensive (Operation Junction City). He has all the Vietnam service medals except for the campaign medal. He thought that being air evacuated from country on his first TDY qualified him for the campaign medal. The applicant's complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: Applicant served on active duty for over 26 years. His DD Form 214 reflects he served 8 years, 5 months, and 20 days of Foreign Service. On 31 Dec 82, the applicant was honorably relieved from active duty and retired in the grade of CMSgt. The Foreign Service on his AF Form 7, Airman Military Record reflects he was assigned in Taiwan, Korea, and the Philippines, and was TDY to Southeast Asia (SEA) from 26 Oct 66 – 19 Feb 67 (113 days). _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSIDR recommends denial. DPSIDR states they were able to verify the applicant was in the Republic of Vietnam; however, they were not able to determine the total number of days or months he may have been in the area of eligibility. 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 Mar 61 and 28 Mar 73; 2) 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 AFEM (Vietnam) or Vietnam Service Medal during the period of service required are considered to have contributed direct combat support to the RVN Armed Forces; 3) Did not complete the length of service required in item (1) or (2) above, but who, during wartime, were: a) Wounded by the enemy (in a military action); b) Captured by the enemy during action or in the line of duty, but later rescued or released; c) Killed in action or in the line of duty; or 4) Were assigned in Vietnam on 28 Jan 73, and who served a minimum of 60 calendar days in Vietnam during the period 29 Jan to 28 Mar 73. The complete DPSIDR evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He was on three TDYs to the Republic of Vietnam, his second TDY was a full 120-day tour back to Tuy Hoa Air Base, and the last TDY was during the Tet Offensive, when he went to Chu Lai to work Operation Junction City. Before returning to the United States, he went to the orderly room to check on his records with regard to the posting of his Vietnam service. He was told that it would be the responsibility of his gaining unit to get the service time and medals in his records. He does not recall exactly how many days he spent in Vietnam. He was talking to someone who was in Vietnam during the same period, and that individual was of the opinion he was probably eligible for the Vietnam Service Medal (sic) by virtue of having been hospitalized in Vietnam and then air evacuated out of the country. If this is so, he would like to have the medal. If he is not eligible for the medal, he does not want it. The applicant's complete response 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. 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 applicant’s contentions are duly noted; however, without documentation to substantiate the total number of days or months he was in the area of eligibility, we are unable to verify his entitlement to the RVCM. Should the applicant provide further documentation to substantiate his eligibility for service credit in the Republic of Vietnam, we would be willing to reconsider his petition. In view of the foregoing, and 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 Docket Number BC-2008-03309 in Executive Session on 13 Nov 08, under the provisions of AFI 36-2603: The following documentary evidence pertaining to Docket Number BC-2008-03309 was considered: Exhibit A. DD Form 149, dated 29 Aug 08. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 26 Sep 08. Exhibit D. Letter, SAF/MRBR, dated 3 Oct 08. Exhibit E. Letter, Applicant, dated , 18 Oct 08.