RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02076 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect award of the: 1. Vietnam Service Medal (VSM). 2. Republic of Vietnam Gallantry Cross with Palm (RVGC w/P). 3. Republic of Vietnam Campaign Medal (RVNCM). ________________________________________________________________ APPLICANT CONTENDS THAT: He served two six month periods of temporary duty (TDY) in Thailand in support of operations in Vietnam. In support of his request, the applicant provides copies of his DD Forms 214, AF Forms 626, Request and Authorization for Temporary Duty – Military (TDY), and AF Forms 909, Airman Performance Reports (APRs). The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 30 April 1971, the applicant enlisted in the Regular Air Force and was progressively promoted to the grade of master sergeant (E-7), having assumed that grade effective and with a date of rank of 1 August 1989. On 28 September 1972, the applicant was TDY to locations unknown for a 179-day deployment. On 16 March 1973, he was also TDY to Takhli Air Base, Thailand for a 181-day deployment. The VSM is awarded to all service members of the Armed Forces who between 4 July 1965 and 28 March 1973, served in the following areas of Southeast Asia: in Vietnam and the contiguous waters and airspace, in Thailand, Laos or Cambodia or the airspace thereof and in the direct support of military operations in Vietnam. The RVNCM is awarded to members of the Armed Forces of the United States who between 1 March 1961 and 28 March 1973 served for six months in South Vietnam during the period indicated in Chapter 6, Section C6.5, served outside the geographical limits of South Vietnam and contributed direct combat support to the Republic of Vietnam Armed Forces for an aggregate of six months. The RVGC w/P is awarded to certain units of the United States Armed Forces for valorous combat achievement during the Vietnam War. ________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSIDR recommends denial. DPSIDR states the applicant was ineligible for entitlement to the VSM, RVGC w/P and the RVCM because he did not serve in the area of responsibility (AOR). The complete DPSIDR evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: On 22 October 2010, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. As of this date, this office has received no response (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. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting award of the VSM, RVGC w/P, and the RVNCM. After reviewing the available evidence, we believe the applicant has provided reasonable doubt as to the accuracy of his records. In this respect, we note that his record reflects he served two 179-day deployments in Southeast Asia and his orders indicates he was sent to various unknown classified locations while serving in Thailand. Therefore, we believe any doubt concerning the applicant’s entitlement to these awards should be resolved in his favor. Accordingly, we recommend that 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 he was awarded the Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm, and the Republic of Vietnam Campaign Medal. _________________________________________________________________ The following members of the Board considered Docket Number BC- 2010-02076 in Executive Session on 30 March 2011, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 10 Jun 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDRA, dated 7 Oct 10. Exhibit D. Letter, SAF/MRBR, dated 22 Oct 10. 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 APPLICANT be corrected to show that he was awarded the Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm, and the Republic of Vietnam Campaign Medal.