RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03128 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, be updated to reflect the following awards: 1. The Vietnam Service Medal (VSM). 2. The Republic of Vietnam Campaign Medal (RVCM). 3. The Republic of Vietnam Gallantry Cross with Palm (RVGC w/P). _________________________________________________________________ APPLICANT CONTENDS THAT: He served in Vietnam from Dec 71 thru May 72. He submits orders that assigned him to the 35 Combat Support Group, 35 Security Police Squadron, Phan Rang Air Base (AB), Republic of Vietnam. The RVGC w/P was awarded to his unit by the South Vietnam government. His complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant retired from the Regular Air Force on 31 Jan 86. On 6 Sep 12, AFPC/DPSIDR administratively corrected the applicant’s records to reflect award of the Philippine Republic Presidential Unit Citation (PRPUC). The Vietnam Service Medal (VSM), created on 8 Jul 65, is awarded to all service members of the Armed Forces who, between 4 Jul 65 and 28 Mar 73, served in the following areas of Southeast Asia: in Vietnam and the contiguous waters and airspace; in Thailand, Laos or Cambodia or the airspace thereover and in the direct support of military operations in Vietnam. The specific eligibility criteria requires a member to be attached to or directly serving for one or more days with an organization, or aboard a naval vessel, directly supporting military operations; actually participate as a crew member on one or more aerial flights directly supporting military operations; or serve on temporary duty (TDY) for 30 consecutive or 60 nonconsecutive days, although these time limitations may be waived for personnel participating in actual combat operations. However, no member may be issued both the AFEM and the VSM for service in Vietnam. The Vietnam Campaign Medal (VCM) is the Republic of Vietnam’s own version of the VSM and is a separate foreign award that was authorized by the Department of Defense for acceptance and wear by Service members. There is no prohibition from Service members being awarded both the VSM and VCM. The VCM 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 to 28 Mar 73; 2) Served outside the geographical limits of South Vietnam and contributed direct combat support to the 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 AFEM (Vietnam) or VSM during the period of service required are considered to have contributed direct combat support to the RVN armed forces; 3) Did not complete the length of service required in item (1) or (2) above, but who, during wartime, were: a) wounded by the 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; 4) Were assigned in Vietnam on 28 Jan73, and who served a minimum of 60 calendar days in Vietnam during the period 29 Jan to 28 Mar 73. The RVNGC w/P is awarded by the Republic of Vietnam to units for valorous combat achievements. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which are at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends denial and states that there is no evidence that supports the applicant’s contention that he served in Vietnam during the inclusive dates for these awards. Further, to grant these awards would be an injustice to all airmen who met the eligibility criteria and may lead to additional requests from other veterans who do not meet the established criteria. The complete DPSID evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He was assigned to the 405th Security Police Squadron, Clark Air Base, Philippine Republic. After he arrived at the base, he was sent TDY to Korat AB, Thailand for 60 days and then returned to Clark AB. He does not have a performance report for this time because he was at these different bases and was only rendered a report annually. In further support of his request, the applicant submitted several photographs. The applicant’s complete submission, with attachments, is at Exhibit E. _________________________________________________________________ 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 evidence of record and applicant's submission, we are not persuaded that his uncorroborated assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force. Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has not suffered either an error or injustice. We took note of the photographs the applicant submitted in support of his request; however, we do not find this information sufficient to substantiate his claim that he meets the criteria for the VSM, RVNCM and the RVGC w/P. 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 that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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-2012-03128 in Executive Session on 12 Feb 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 16 Jul 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 6 Sep 12. Exhibit D. Letter, SAF/MRBR, dated 17 Sep 12. Exhibit E. Letter, Applicant, dated 8 Oct 12, w/atchs. Panel Chair