RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00491 INDEX CODE: 107.00 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: He be awarded the Republic of Vietnam Campaign Medal (RVCM). ________________________________________________________________ THE APPLICANT CONTENDS THAT: He was not awarded the RVCM while on active duty and recently learned of his possible eligibility while on the internet. In support of his appeal, the applicant provides a copy of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, issued in conjunction with his 24 Feb 67 release from active duty; temporary duty (TDY) orders, and the VCM criteria. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 25 Feb 63 for a period of four years. He was progressively promoted to the grade of airman first class (E-4/A1C). On 24 Feb 67, he was honorably released for expiration of term of service. He was credited with four years of active duty service, including 8 months and 27 days of foreign service. On 12 May 2009, in conjunction with his AFBCMR application, Docket Number BC-2009-0518, his record was administratively corrected to reflect his entitlement to the Vietnam Service Medal, with 2 Bronze Service Stars (VSM, w/2 BSS) and the Air Force Longevity Service Award (AFLSA). ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial. In accordance with (IAW) the governing law, the RVCM is awarded to members of the Armed Forces of the United States who between 1 Mar 61 and 28 Mar 73 served for six months in South Vietnam. Served outside the geographical limits of South Vietnam and contributed in direct combat support to the Republic of Vietnam 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 (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. The documentation in the applicant’s official military record verifies that he was deployed to Thailand from 7 Dec 65 to 4 Apr 66. The applicant is ineligible to the RVCM as he did not serve the minimum requirement of six months in Vietnam, Thailand, Laos, or Cambodia and contribute direct combat support to the Republic of Vietnam Armed Forces. The complete AFPC/DPSIDR evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 16 Apr 10 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. 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. Therefore, 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 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-2010-00491 in Executive Session on 21 September 2010, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 28 Jan 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 22 Mar 10. Exhibit D. Letter, SAF/MRBR, dated 16 Apr 10.