RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2016-01367

TIM R. JONES	COUNSEL:  NONE

	HEARING:  NO

APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to reflect the following:

a.	Vietnam Service Medal (VSM). 

b.	Vietnam Campaign Medal (VCM).

c.	Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P).

APPLICANT CONTENDS THAT:

His awards were not listed on his DD Form 214 during out-processing for retirement.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force technical sergeant.  The applicant provided a copy of a letter from the Department of the Navy, dated 8 Apr 03, stating the applicant received the VSM w/1BSS, VCM and RVNGC w/P for his service from 28 Sep 60 to 27 Sep 64 [sic].  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP3SP recommends denial of the applicant’s request for award of the VSM, VCM and RVNGC w/P.  They were unable to locate any official documentation verifying the applicant served for 6 months in South Vietnam, or served outside the geographical limits of South Vietnam and contributed direct combat support to the Republic of Vietnam Armed Forces for an aggregate of 6 months.

AFPC/DP3AM recommends denial of the applicant’s request to correct his record to reflect service in Vietnam, indicating they were unable to locate any documents that substantiated Foreign Service time in Vietnam.

AFPC/DP2STM-214 recommends denial of the applicant’s request to correct the DD Form 214 to include the VSM, VCM and RVNGC w/P, indicating AFPC/DP3SP did not support the request; therefore, requested items could not be awarded.  The complete advisories are at Exhibit C through E.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 26 Sep 17 and 9 May 18 for comment (Exhibit F), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The Board accepts the applicant’s claimed date of discovery, and thus finds the application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The document the applicant submitted from the Department of the Navy appears to be missing the signature page; it also appears to be in conflict with the DD Form 214 covering the period of the applicant’s Marine Corps service.  The latter is only partly legible, but in the block listing the applicant’s decorations, the medals that should be present do not appear to be listed.  Thus, the Board finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Should the applicant provide other evidence, such as a copy of a paid travel voucher indicating his presence in country, the Board would be willing to reconsider his request.  In the meantime, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-01367 in Executive Session on 2 Aug 18:

Mr. Michael A. Cleveland, Panel Chair 
Mr. John M. Piva, Panel Member
Ms. Marcia J. Bachman, Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, not dated.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SP, dated 6 Feb 17.
Exhibit D:	Advisory opinion, AFPC/DP3AM, dated 19 Sep 17.
Exhibit E:	Advisory opinion, AFPC/DP2STM-214, dated 7 May 18.
Exhibit F:	Notification of Advisory, SAF/MRBC to applicant, dated 26 Sep 17 and 
9 May 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.