RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04858 COUNSEL: NONE HEARING DESIRED: NOT INDICATED APPLICANT REQUESTS THAT: His records reflect the following: 1. Time served in Vietnam. 2. Award of Republic of Vietnam Gallantry Cross with Palm. APPLICANT CONTENDS THAT: His time served in Vietnam is not annotated in his records. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered active duty in the Regular Air Force on 12 May 1961. On 22 April 1965, the applicant was released from active duty with honorable service, transferred to the Air Force Reserve, and was credited with 3 years, 11 months, and 11 days of active service, to include 1 year, 6 months and 4 days of foreign service. On 29 December 2000, the applicant was transferred to the Air Force Retired List. He was credited with 32 years, 1 month, and 21 days of total service for pay. The remaining relevant facts pertaining to this application are contained in the memorandums prepared by the Air Force offices of primary responsibility (OPRs), which are attached at Exhibits C and D. AIR FORCE EVALUATION: AFPC/DPAPP recommends denial. DPAPP states they are able to verify that the applicant had foreign service time in Tripoli, Libya, from 6 April 1964 to 21 April 1965 and a temporary duty assignment for 169-days, but they were unable to verify any foreign service in Vietnam. A complete copy of the AFPC/DPAPP evaluation is at Exhibit C. AFPC/DPSID recommends approval for award of the Vietnam Gallantry Cross with Palm as well as the Vietnam Service Medal. The applicant’s DD Form 214 indicates award of the Armed Forces Expeditionary Medal. The applicant’s AF Form 7 does not reflect the exact location of his temporary duty, the applicant’s provided travel order has a proceed date on or about 5 April 1963 for approximately 169 days to APO 137, San Francisco, California, and the 464th Organizational Maintenance Squadron, whom he was assigned to, participated in airlift activities in Southeast Asia from 29 November 1961 to 1 May 1963. If the board finds in favor of the applicant’s contended deployment location of Vietnam, he would be eligible for award of the Vietnam Service Medal with one Bronze Service Star and the Republic of Vietnam Gallantry Cross with Palm. However, a secondary issue is, if it is determined the applicant’s 169 temporary duty listed on his AF Form 7 was in fact for the Vietnam Service Medal area of eligibility, that would reasonably lend to the belief that the Armed Forces Expeditionary Medal he was awarded was for service in support of the Vietnam Conflict as the Vietnam Service Medal did not yet exist. Therefore, the applicant would have to then advise the board if he would like to keep award of the Armed Forces Expeditionary Medal or if he would like to exchange it for award of the Vietnam Service Medal with one Bronze Service Star. Recommend disapproval for award of the Vietnam Campaign Medal. None of the documentation reflects or implies service for an aggregate of 6 months or 180 days in the area of eligibility to meet the criteria of the Vietnam Campaign Medal. To grant relief would be contrary to the eligibility criteria established by DoDM 1348.33, the Secretary of the Air Force, Chief of Staff and/or the War Department. Based on AFPC/DPSID’s review of the applicant’s official military personnel record, they were able to determine that the National Defense Service Medal (NDSM) should have been awarded during the applicant’s service from 12 May 1961 to 22 April 1965 and was not reflected in his records. Upon final board decision, administrative correction of the applicant’s official military personnel record will be completed by AFPC/DPSOR. A complete copy of the AFPC/DPSID evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states his original orders dated 2 April 1963 assigned him to the 777th Troop Carrier Squadron, APO 137, San Francisco, CA. Orders dated 20 August 1963 Special Order M- 13 reassigned him to the 23th Consolidated Aircraft Maintenance Squadron which was the 23rd Airbase Group in Da Nang, Vietnam. The 777th Troop Carrier Squadron from the 464th TCW (Pope AFB, North Carolina) augmented the airlift of C-123s at Tan Son Nhut Air Base to support the U.S. Special Forces in Vietnam. Also, the address for the 777th Troop Carrier Squadron was APO 137. His DD Form 214 shows his foreign service as 1 year, 6 months and 4 days which covers the time he spent in Libya, North Africa and Clark AFB, Philippines. The time he spent in Da Nang, Vietnam, was not listed on his DD Form 214 because during that time he was not officially there. Da Nang Air Base was APO San Francisco, 96337. The applicant’s complete response 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 an error or injustice warranting award of the Vietnam Campaign Medal. After thoroughly reviewing the evidence of record and noting the applicant’s contentions, we are not persuaded that the requested relief is warranted. We note that AFPC/DPAPP verified the applicant had foreign service time in Tripoli, Libya, from 6 April 1964 to 21 April 1965 and a TDY assignment for approximately 169 days, however, no location was annotated in the record for the location of the TDY. Thus, it could not be verified the applicant was in the area of eligibility (AOE) for award of the Vietnam Campaign Medal. Further, the record does not reflect service for an aggregate of six months or 180 days in the AOE to meet the criteria of the Vietnam Campaign Medal. In view of the above and in the absence of evidence to the contrary, we find no basis upon which to recommend favorable action. 4. Notwithstanding the above, sufficient relevant evidence has been presented to warrant partial relief. We took notice of the applicant’s complete submission in judging the merits of the case and agree with the opinion and recommendation of the Air Force OPR and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice. AFPC/DPSID states the applicant was more likely than not in the AOE for award of the Republic of Vietnam Gallantry Cross with Palm. We note that the 464th Organizational Maintenance Squadron, whom the applicant was assigned to, participated in airlift activities in Southeast Asia from 29 November 1961 to 1 May 1963. AFPC/DPSID also recommended the award of the Vietnam Service Medal with One Bronze Star, however, this award was previously documented on the applicant’s NGB Form 22, Report of Separation and Record of Service regarding his transfer to the USAFR Retired List on 29 December 2000. Additionally, the Armed Forces Expeditionary Medal was awarded and documented on the applicant’s DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, regarding his release from active duty on 22 April 1965. In view of the above, we recommend the applicant’s records be corrected as indicated below. 5. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. 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 Republic of Vietnam Gallantry Cross with Palm. The following members of the Board considered AFBCMR Docket Number BC-2014-04858 in Executive Session on 28 July 2015, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-04858 was considered: Exhibit A. DD Form 149, dated 30 September 2013, w/atchs. Exhibit B. Applicant’s Available Master Personnel Records. Exhibit C. Letter, AFPC/DPAPP, dated 26 January 2015. Exhibit D. Letter, AFPC/DPSID, dated 18 April 2015. Exhibit E. Letter, SAF/MRBR, dated 4 May 2015. Exhibit F. Letter, Applicant, dated 31 May 2015, w/atchs.