RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04249 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Report of Separation from the Armed Forces of the United States, be corrected to reflect award of the Combat Infantryman Badge (CIB). _________________________________________________________________ APPLICANT CONTENDS THAT: He should be awarded the CIB for his time served during the Vietnam War. In support of the applicant’s appeal, he submits photographs, military personnel records and other documentation. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 8 November 2012, AFPC/DPAPP advised the applicant that after a complete review of his records, they were able to verify and confirm his “boots on ground” foreign service time while permanently assigned at Phan Rang Air Base, Republic of Vietnam from 1 August 1968 to 1 March 1970 for a total of 1 year and 7 months (Exhibit B). The relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force. Accordingly, there is no need to recite these facts in this Record of Proceedings (Exhibit C). _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends denial of the CIB. DPSIM states the badge and medal that the member is requesting wear for is not in AFI 36-2903; therefore, the applicant cannot wear it. The DPSIM complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 17 February 2013, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days (Exhibit D). As of this date, no response has been received by this office. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has not 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 an error or an injustice warranting award of the CIB. Since the Department of the Army is the sole approval authority for the CIB, you must first seek administrative relief from that department. As such, we advise that you submit your request for the CIB to the Commander, U.S. Army Human Resources Command, AHRC-CC-B, 1 Reserve Way, St. Louis, MO 63132-5200. If after exhausting the available avenue of administrative relief, you still believe your records are in error or unjust, it is recommended that you submit your application to the Army Board for Correction of Military Records, 1901 South Bell Street, 2nd Floor, Arlington, VA 22202-4508, as a matter coming under their purview. With regard to your request for Vietnam service, we note that AFPC/DPAPP has verified boots on the ground in Vietnam and your DD Form 214 will be corrected to reflect 1 year and 7 months of foreign service. Therefore, 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 an 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-2012-04249 in Executive Session on 27 June 2013, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-04249 was considered: Exhibit A. DD Form 149, dated 4 September 2012, w/atchs. Exhibit B. Applicant’s Master Personnel Record. Exhibit C. Letter, AFPC/DPSIM, dated 29 January 2013. Exhibit D. Letter, SAF/MRBR, dated 17 February 2012.