RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03358 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Report of Separation from Active Duty be corrected to reflect the following: a. Entitlement to award of the Republic of Vietnam Campaign Medal (RVCM). b. Foreign Service time in Vietnam (Administratively Corrected). c. Entitlement to award of the Vietnam Service Medal (VSM) and the National Defense Service Medal (Administratively Corrected). _________________________________________________________________ APPLICANT CONTENDS THAT: 1. He served at the 7th Air Force Office of Information, Tan Son Nhut Air Base, Vietnam during the period 17 Jan 73 to 16 Mar 73; however, his records do not reflect that he received the RVCM, VSM, and the NDSM. 2. His original records were hand marked by personnel indicating he received the medals; however the Veteran’s Administration (VA) refuses to acknowledge his service in Vietnam. Therefore, he cannot receive care at VA medical facilities. In support of his request, the applicant provides copies of his DD Form 214 and AF Form 1172, Uniform Military Personnel Record. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant served on active duty from 2 Aug 68 to 4 Oct 74. He served a total of 6 years, 2 months and 3 days on active duty, with 1 month and 10 days being Foreign Service. On 9 Nov 11, AFPC/DPAPP confirmed and verified boots-on-ground Foreign Service time at Tan Son Nhut Air Base, Republic of Vietnam during the period 17 Jan 73 to 27 Mar 73, for 2 months and 11 days. On 2 Dec 11, AFPC/DPSIDRA verified the applicant’s entitlement to the VSM with one Bronze Service Star (BSS) for his service at Tan Son Nhut Air Base, Vietnam during the period 17 Jan 73 to 27 Mar 73 and the NDSM currently annotated on his DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, dated 9 Sep 71. -- 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; or 2) Served outside the geographical limits of South Vietnam and contributed direct combat support to the Republic of Vietnam (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 Armed Forces Expeditionary Medal (Vietnam) or VSM during the period of service required are considered to have contributed direct combat support to the RVN armed forces; or 3) Did not complete the length of service required in item (1) or (2) above, but who, during wartime, were: a) wounded by 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 73 to 28 Mar 73. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial of the RVCM . The applicant was not in Vietnam for an aggregate of 6 months and unfortunately departed Vietnam 1 day early to qualify for the 60 days clause for the end of the war; thereby rendering him ineligible. The complete DPSIDR 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 16 Dec 11 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. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. After a thorough review of the available evidence and the applicant’s complete submission, we find no evidence which would lead us to believe his DD Form 214, should be corrected to reflect entitlement to award of the Republic of Vietnam Campaign Medal. 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 the applicant has not been the victim of an error or injustice. 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-2011-03358 in Executive Session on 10 Apr 12, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 28 Aug 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. AFPC/DPSIDR, Letter, dated 7 Dec 11. Exhibit D. SAF/MRBR, Letter, dated 16 Dec 11.