RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01486 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: 1. He be awarded the Vietnam Service Medal with 3 Bronze Service Stars (VSM w/3BSS) – partially administratively corrected to read Vietnam Service Medal with 1 Bronze Service Star (VSM w/1BSS). 2. He be awarded the Air Force Commendation Medal (AFCM). 3. He be awarded the Air Force Outstanding Unit Award with Valor (AFOUA w/V) and 4 Oak Leaf Clusters (AFOUA w/4OLC) – partially administratively corrected to read AFOUA with Valor and 2 Oak Leaf Clusters (AFOUA w/V and 2OLC). 4. He be awarded the Republic of Vietnam Gallantry Cross with Palm and 1 Oak Leaf Cluster (RVGC w/P and 1OLC) – partially administratively corrected to RVGC w/P. 5. He be awarded the Republic of Vietnam Campaign Medal (RVCM) – administratively corrected. ___________________________________________________________________ APPLICANT CONTENDS THAT: The former member served in the Vietnam War at Cam Ranh Bay Air Base, Republic of South Vietnam from 10 Nov 70 until the time of his death on 21 Jun 71. His spouse provides the following: a. She contacted a sergeant who was assigned with her husband and was awarded the AFCM. The sergeant suggested she contact the National Personnel Records Center (NPRC) to find out what awards were awarded to the former member after his death. b. According to the former member’s AF Form 7, Airman Military Record, the former member was assigned to several different units that were awarded the AFOUA w/V on multiple occassions (see Exhibit A). c. The former member served in Vietnam from 17 Nov 70 to 21 Jun 71 and was eligible for the Vietnam Service Medal with 3 Bronze Service Stars for serving during three different campaigns (Southwest Monsoon, Commando Hunt V, and Commando Hunt VI). The NA Form 13059, Transmittal of and/or entitlement to awards, only reflects “2” BSS instead of “3” BSS which she believes is in error. d. The former member is entitled to the RVCM for his service with the 483rd Civil Engineering Squadron (483rd CES). According to the criteria for award of the RVCM, a member of the Armed Forces must have served for 6 months in South Vietnam during the period from 1 Mar 61 and 28 Mar 73. Her husband served 7 months and 10 days before being killed in the line of duty. e. The former member was assigned to units that were awarded the RVGC w/P and 1OLC. In support of her request, the applicant provides a copy of the former member’s NA Form 13059, a copy of an Air Force Medals and Ribbons printout, copies of photographs, a copy of a witness letter, a copy of AF Form 7, a copy of AF Form 25, Report of Facts and Circumstances of Death, copies of his DD Forms 214, Armed Forces of the United States Report of Transfer or Discharge, a copy of the witness’ DD Form 214, and a copy of the former member’s marriage certificate. Her complete submission, with attachments, is at Exhibit A. ___________________________________________________________________ STATEMENT OF FACTS: The former member enlisted into the Regular Air Force on 17 Jun 63. He was progressively promoted to the grade of airman first class (E-4), having assumed that grade effective and with a date of rank of 1 Feb 67. The former member served on active duty until his death on 21 Jun 71. APFC/DPSIDR notified the applicant that the former member’s records will be administratively corrected to reflect he was awarded the RVGC w/P; RVCM; AFOUA w/V and 2OLC; and VSM changed to read VSM w/1BSS. She was also advised that devices are not authorized to the RVGC w/P. The AFCM criterion: The AFCM is awarded to members of the Armed Forces of the United States who, while serving in any capacity with the Air Force after 25 Mar 58, shall have distinguished themselves by meritorious achievement and service. The degree of merit must be distinctive, though not involve the voluntary risk of life required for the Soldier’s Medal (or the Airman’s Medal now authorized for the Air Force) may be considered for the AFCM. ___________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial of award of the AFCM. DPSIDR states that no documents were located in the former member’s records nor were any provided by the applicant to show the former member was recommended for the AFCM. Therefore, without a special order to award the AFCM, DPSIDR cannot verify the former member’s entitlement to the medal. The DPSIDR complete evaluation is at Exhibit C. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 24 Sep 10 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. In this respect, we note the Air Force office of primary responsibility has agreed to administratively correct the applicant’s record to reflect award of the VSM with one Bronze Service Star; the AFOUA with Valor and two Oak Leaf Clusters; the RVGC with Palm; and the RVCM. We concur with the Air Force’s recommended actions. However, with regard to the applicant’s request for award of the AFCM, we do not find she has provided any documentary evidence to substantiate her claim that the former member meets the criteria for the award; therefore, 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 relief beyond that already granted administratively is not warranted. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-01486 in Executive Session on 19 Jan 11, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence for Docket Number BC-2010-01486 was considered: Exhibit A. DD Form 149, dated 15 Apr 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 10 Aug 10. Exhibit D. Letter, SAF/MRBR, dated 24 Sep 10. Panel Chair