RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-03535

XXXX X. XXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

Amend his DD Form 214, Certificate of Release or Discharge from Active Duty, to show:

	a. The Republic of Vietnam Campaign Medal (RVCM), and;

	b. The Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P) (Administratively corrected).

APPLICANT’S CONTENTIONS

After an Air Force Board for Correction of Military Records appeal in 2017, his records were corrected to show award of the Vietnam Service Medal (VSM) and the Humanitarian Service Medal (HSM) for participating in Operation FREQUENT WIND in April 1975 during the Saigon evacuation.  Based on the award of the VSM, he believes he qualifies to have his records and DD Form 214 corrected to reflect the RVCM and RVNGC w/P.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force staff sergeant (E-5).

On 22 January 2017, the Air Force Review Boards Agency Director directed that the applicant’s record be corrected to show that he had boots on ground at Ton Son Nhut Air Base, Republic of Vietnam, from 1 - 30 April 1975; and that his DD Form 214, effective 27 July 1979, be amended in Item 13, Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized, to include the VSM and HSM.

On 24 August 2020, the applicant’s DD Form 214 was corrected to reflect the RVNCG w/P ribbon.  

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 denying award of the RVCM based on a review of the applicant’s official record.  According to AFMAN 36-2806, Awards and Memorialization Program, the RVCM was awarded to members of the U.S. Armed Forces who, between 1 March 1961 and 28 March 1973, served for 6 months in South Vietnam during the above dates; or served outside the geographical limits of South Vietnam and contributed combat support to the Republic of Vietnam Armed Forces for an aggregate of 6 months.  Only members of the U.S. Armed Forces who meet the criteria established for the Air Force Expeditionary Medal (Vietnam) or the VSM during the period of service required are considered to have contributed direct combat support to the Republic of Vietnam Armed Forces.  Notwithstanding the above, they were able to verify award of the RVNGC w/P and the applicant’s record was administratively corrected.

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 27 July 2020, for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed. 

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

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP3SP and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Although consideration for VSM eligibility was extended to all foreign military personnel who served until the end of the Vietnam conflict, to include Operation FREQUENT WIND, the applicant had boots on ground from 1-30 April 1975, and thus did not meet the additional requirement to have either served in South Vietnam for 6 months, or outside the geographical limits of South Vietnam and contributed direct combat support for an aggregate of 6 months.  The Board also notes the applicant did not file the application within three years of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery within the three-year limit, the Board does not find the assertion supported by a preponderance of the evidence.  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, other than the administrative correction to his record, the Board finds the application untimely and recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2017-03535 in Executive Session on 19 Nov 20:

Mr. Panel Chair
Ms. Panel Member
Ms. Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 20 Jul 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SP, dated 26 Jul 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, w/atch, dated 27 Jul 20.

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