RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-03651 INDEX CODE: 107.00 XXXXXXX COUNSEL: HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect the following: a. The Airman's Medal (AmnM). b. The Air Force Outstanding Unit Award c. The Air Force Good Conduct Medal (AFGCM). d. The National Defense Service Medal (NDSM). - Administratively Corrected e. The Vietnam Gallantry Cross with Palm (RVNGC w/P). f. The Republic of Vietnam Campaign Medal (RVCM). g. The Vietnam Service Medal (VSM). – Administratively Corrected h. Jump Wings. - Administrative corrected _________________________________________________________________ APPLICANT CONTENDS THAT: His DD Form 214 does not reflect all of his decorations and medals he was entitled. The Department of Veterans Affairs (DVA) has rated him 100 percent disabled for post-traumatic stress disorder (PTSD) due to service in Vietnam. He has also been diagnosed with lung cancer due to the herbicide exposure while performing six combat missions in Vietnam in temporary duty status. Surely, these combat missions should qualify him for VSM and prove boots- on-the-ground in Vietnam. In support of his application, applicant provides a copy of his combat certificate letter from 377 CSG/DOTHF, a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, a copy of the citation for the AmnM, a copy of his Aeronautical Order 156, and a copy of an AF Form 909, Airman Performance Report. Applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: Applicant enlisted in the Regular Air Force on 13 May 1971 and served as a pararescue specialist. He was progressively promoted to the grade of sergeant (E-4), having assumed that grade effective and with a date of rank of 1 April 1973. He was honorably released from the Air Force on 20 August 1973 under the Air Force ROTC Scholarship and Commissioning Program for Airmen at the University of Oregon. He served 2 years, 3 months and 8 days of total active service. The applicant's master personnel record confirm he has completed a total of six combat missions and flew 13.5 hours in the theater in the HH-3E aircraft while assigned to Kadena AB, Okinawa from May 1972 until August 1973. In addition, his record contains a copy of the citation for the award of the AmnM. On 21 December 1971, Aeronautical Order #155, assigned the applicant a rating of USAF Parachutist and placed him on jump status with an effective date of 1 January 1972. On 7 July 2009, AFPC/DPPRSP administratively corrected the applicant's records to reflect the award of the NDSM and the VSM. The RVNGC w/P is awarded by the Republic of Vietnam (RVN) to certain units of the US Armed Forces for valorous combat achievement during the Vietnam War, 1 Mar 61 to 28 Mar 73. The RVNCM is a foreign award awarded to members of the Armed Forces of the United States who served for six months in South Vietnam during the period 1 March 1961 and 28 March 1973. The applicant was there from 26 November 1973 to 17 August 1974; outside the inclusive period for this award. The AFOUA is awarded by the Secretary of the Air Force to numbered units that have distinguished themselves by exceptionally meritorious service or outstanding achievement that clearly sets the unit above and apart from similar units. The services include performance of exceptionally meritorious service, accomplishment of a specific outstanding achievement of national or international significance, combat operations against an armed enemy of the United States, or military operations involving conflict with or exposure to hostile actions by an opposing foreign force. The AFGCM is awarded to Air Force enlisted personnel for exemplary conduct during a three-year period of active military service, (or for a one-year period of service during a time of war when approved by Congress). Persons awarded this medal must have had character and efficiency ratings of excellent or higher throughout the qualifying period, including time spent in attendance at service schools, and there must have been no convictions of court-martial during this period. Air Force personnel who were previously awarded the Army Good Conduct Medal and after June 1, 1963 qualified for the Air Force Good Conduct Medal could wear both medals. On 7 July 2009, AFPC/DPSIDR administratively corrected the applicant's records to reflect the VSM, NDSM and Parachutist Badge (Jump Wings). _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPAPP recommends approval of the applicant's request of all medals and awards deemed appropriate based on the documentation they received from his supervisor and co-worker that confirmed boots on the ground in Vietnam. The complete AFPC/DPAPP evaluation is at Exhibit C. AFPC/DPSIDR recommends denial of the applicant's request for the award of the AmnM, AFGCM, RVNGC w/p, AFOUA and states the applicant has not provided appropriate documentation to validate his request. The complete AFPC/DPSIDR evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluation were forwarded to the applicant on 24 July 2009 for review and comment within 30 days. As of this date, this office has received no response. _________________________________________________________________ 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 note that AFPC/DPSIDR has administratively corrected the record to reflect the award of the NSDM, VSM and jump wings. In regard to the applicant's contention that he is entitled to the AFGCM, AFOUA, RVNGC w/p, and the RVCM, we adopt the rationale expressed by AFPC/DPSIDR as the basis for our decision that the applicant has suffered neither an error nor an injustice. In view of the above and in the absence of sufficient evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application. 4. Regarding the AmnM, the Board finds sufficient relevant evidence has been presented to demonstrate the existence of error or injustice. After carefully reviewing this application and the applicant's master personnel record, we note that a copy of the AmnM citation for heroism is already filed in his records. In view of the foregoing and in recognition of his service to the Nation, it is our opinion that any doubt should be resolved in the applicant's favor. Therefore, we recommend his records 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 the DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with his 20 August 1973 separation, be amended in item 24, Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized, to include the Airman's Medal. _________________________________________________________________ The following members of the Board considered Docket Number BC- 2000-03651 in Executive Session on 15 October 2009, under the provisions of AFI 36-2603: All members voted to correct the record, as recommended. The following documentary evidence with regard to AFBCMR Docket Number BC-2008-03651 was considered: Exhibit A. DD Form 149, dated 2 Oct 08, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPAPP, dated 28 May 09, w/atchs. Exhibit D. Letter, AFPC/DPSIDR, dated 13 Jul 09. Exhibit E. Letter, SAF/MRBR, dated 24 Jul 09. AFBCMR BC-2008-03651 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that: The pertinent military records of the Department of the Air Force relating to, XXXXXXX, be corrected to show that the DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with his 20 August 1973 separation, be amended in item 24, Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized, to include the Airman's Medal.