RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2019-03872

XXXXXXXXXXXX	COUNSEL:  NONE
	
	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to add the following awards/medals:

	a. Meritorious Service Medal with one oak leaf cluster
	b. Republic of Vietnam Gallantry Cross with Palm
	c. Republic of Vietnam Campaign Medal

APPLICANT’S CONTENTIONS

The Meritorious Service Medal he was awarded for his retirement is missing from his DD Form 214.  Additionally, the Republic of Vietnam Gallantry Cross with Palm was awarded in 1973 while he was stationed at Takhli Air Base (AB), Thailand, at the end of the Southeast Asia conflict, and is missing from his DD Form 214.  Finally, the Republic of Vietnam Campaign Medal is also missing.  He served on flying status as a gunner on AC-130s for all of 1972 while he was assigned at Ubon AB, Thailand.  He was credited with 106 combat missions over supply routes into South Vietnam.

All of his other awards and medals were stolen from storage while he was on temporary duty to Takhli AB, Thailand, and no compensation or replacement was offered.  The Republic of Vietnam Campaign Medal is crucial in awarding medical benefits with the Veterans Administration.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force senior master sergeant (E-8).

On 31 Aug 85, the applicant was furnished an honorable discharge, and credited with 23 years, 1 month, and 5 days active service.

On 11 May 72, an AF Form 910, TSgt, SSgt, and Sgt Performance Report, was completed on the applicant for the period 18 Mar 71 – 10 May 72, while he was assigned to Ubon Afld, Thailand.

On 26 Sep 72, an AF Form 910, TSgt, SSgt, and Sgt Performance Report, was completed on the applicant for the period 11 May 72 – 25 Sep 72, while he was assigned to Ubon Afld, Thailand.

On 9 Jan 74, an AF Form 910, TSgt, SSgt, and Sgt Performance Report, was completed on the applicant for the period 26 Sep 73 – 8 Jan 74, while he was assigned to Takhli, RTAFB, Thailand.

On 31 Aug 85, according to DD Form 214, the applicant was discharged for the purpose of retirement.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized [All periods of service]) indicates he was awarded the Meritorious Service Medal and the Vietnam Service Medal.  

On 1 Sep 85, according to Special Orders NO.  AC-017789 dated 14 December 1984, the applicant was retired in the grade of E-8 and was credited with 23 years, 1 month and 5 days of active service.

On 23 Apr 84, via Special Order GB-076, the applicant was awarded the Meritorious Service Medal (Basic Award), for the period 15 Mar 80 – 25 Jul 83.

On 16 Oct 85, according to documentation provided by the applicant, he was awarded the Meritorious Service Medal (Second Oak Leaf Cluster) for the period 9 Aug 83 – 31 Aug 85.  The accompanying narrative reflects (First Oak Leaf Cluster).

For more information, see the excerpt of the applicant’s record at Exhibit B.

APPLICABLE AUTHORITY

AFMAN 36-2806, Awards and Memorialization Program.  

The Meritorious Service Medal was authorized by Executive Order 11448, dated 16 Jan 69, and is awarded to any Service member, or to any member of the armed forces of a friendly foreign nation, who has distinguished himself or herself by outstanding meritorious achievement or service. 

The Republic of Vietnam Gallantry Cross Unit Citation with Palm was awarded by the Republic of Vietnam to certain units of the U.S. Armed Forces for valorous combat achievement during the Vietnam Conflict, inclusive from 1 Mar 61 to 28 Mar 73.  Only one Republic of Vietnam Gallantry Cross Unit Citation with Palm is worn regardless of the number of awards received.

The Vietnam Service Medal was awarded to all members of the United States Armed Forces who served in Vietnam or contiguous waters or airspace after 3 Jul 65 and before 28 Mar 73.  In addition, personnel serving in Thailand, Laos, or Cambodia in direct support of operations in Vietnam during the same period also were eligible for the Vietnam Service Medal.  To be eligible, a service member must be: permanently assigned, attached, or detailed for one, or more, days with an organization participating in or directly supporting ground (military) operations; permanently assigned, attached, or detailed for one, or more, days aboard a naval vessel directly supporting military operations; have actually participated as a crew member in one or more aerial flights directly supporting military operations; have served on temporary duty for 30 consecutive days or 60 non-consecutive days. 

The Republic of Vietnam Campaign Medal is awarded to members of the United States Armed Forces who, between 1 Mar 61 and 28 Mar 73, 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.  Only members of the United States Armed Forces who meet the criteria established for the Armed Forces Expeditionary Medal or the Vietnam Service Medal during the period of service required are considered to have contributed direct combat support to the Republic of Vietnam Armed Forces; or, did not complete the length of service required, but who, during wartime, were: wounded by the enemy (in a military action), captured by the enemy during action or in the line of duty, but later rescued or released, killed in action or in the line of duty; or were assigned in Vietnam on 28 Jan 73, and served in Vietnam for the entire period between 29 Jan 73 to 28 Mar 73.  

FINDINGS AND CONCLUSION

1.  The application was 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 the victim of an error or injustice.  The Board finds a preponderance of the evidence substantiates the applicant’s contentions in part.  Specifically, the applicant’s certificate and citation for the Meritorious Service Medal (first oak leaf cluster), appear legitimate and were signed almost 2 months after his retirement, which could explain why it was not reflected on his DD Form 214.  Regarding the Republic of Vietnam Campaign Medal, the applicant’s DD Form 214 indicates he was awarded the Vietnam Service Medal and his enlisted evaluation reports indicate he served in Thailand, outside the geographical limits of South Vietnam for more than 6 months.  Therefore, as noted above, the applicant meets the criteria for the Republic of Vietnam Campaign Medal.  However, for the remainder of the applicant’s request, the evidence presented did not demonstrate an error or injustice, and the Board finds no basis to recommend granting that portion of the applicant’s request.  If the applicant can provide verification of boots-on-ground service in Vietnam, his request for the Republic of Vietnam Gallantry Cross with Palm may be reconsidered.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show his DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with his 31 Aug 85 separation, be amended in Block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) to reflect the Meritorious Service Medal, with one oak leaf cluster and the Republic of Vietnam Campaign Medal.

However, regarding the remainder of the applicant’s request, the Board recommends informing the applicant 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-2019-03872 in Executive Session on 2 Sep 20:

, Panel Chair 
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 23 Jul 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.

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.