ADDENDUM TO RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04305-2

XXXXXXXXXX	COUNSEL: XXXXXXXXXXXX
	
	HEARING REQUESTED: YES

APPLICANT’S REQUEST

The Board reconsider his request for award of the following medals for his service in Vietnam: 

a)  Air Force Outstanding Unit Award with one Bronze Oak Leaf Cluster 

b) Vietnam Service Medal (VSM)

c) Republic of Vietnam Gallantry Cross with Palm (RVGC w/Palm)

RESUME OF THE CASE

The applicant is a former Air Force sergeant (E-4) who was honorably discharged on 27 May 74.  

On 19 Dec 19, the Board considered and partially granted the applicant’s request to show that he had “Boots on Ground” in Vietnam on 26 Jul 69; however, they denied his request for award of the Vietnam Service Medal (VSM), Republic of Vietnam Gallantry Cross with Palm  (RVGC w/Palm), and the Republic of Vietnam Campaign Medal (RVCM).  The board found that the applicant had not provided sufficient evidence such as temporary duty (TDY) orders, travel vouchers or any other evidence to show the length of time he served in Vietnam.

For an accounting of the applicant’s original request and the rationale of the earlier decision, see the AFBCMR Letter and Record of Proceedings at Exhibit H.

On 25 Mar 20, the applicant’s Primary Next of Kin (PNOK) requested reconsideration of the applicant’s case and provided a seven-page document produced by the Vietnam Archivist at the Air Force Historical Research Agency (AFHRA).  This document clearly identifies that the applicant was assigned during the periods of award for units that received the Air Force Outstanding Unit Award (AFOUA) and the RVGC w/Palm.  Since the only requirement for receiving these two awards is to be assigned to the authorized unit, he should receive both awards.  

In addition, the PNOK resubmitted a relevant page from the applicant’s AF Form 7, Airman Military Record, which shows that the applicant was TDY to Southeast Asia (SEA) for 53 days from 26 Jul 69 to 16 Sep 69.  Given that the Board corrected the record to show that he was in Vietnam on 26 Jul 69 and that there is only one line item in the “Foreign Service Summary” section of his AF Form 7, one can conclude that he was in fact in Vietnam for 53 days, thus making him eligible for the VSM.   

The applicant’s complete submission is at Exhibit I.

STATEMENT OF FACTS

AF Form 909, Airman Performance Report, with period of report 29 Aug 68 through 29 Oct 69, shows the applicant’s organization, location and command as 815th Tactical Airlift Squadron, Tachikawa AB, Japan (PACAF).  The report also indicates that during this period of report, he went on a TDY assignment to South East Asia (SEA).

AF Form 909, Airman Performance Report, with period of report 30 Oct 69 through 17 Feb 70, shows the applicant’s organization, location and command as 347th Field Maintenance Squadron, Yokota AB, Japan (PACAF). 

AF Forms 909, Airman Performance Report, with periods of report 1 Mar 70 through 31 Aug 70 and 1 Sep 7 through 28 Feb 71, shows the applicant’s organization, location and command as the 556th Reconnaissance Squadron, Yokota AB, Japan (PACAF). 

The applicant’s AF Form 7, Airman Military Record, reflects he was in Japan from 22 Mar 69 through 22 Apr 71 with Foreign Service Summary, “TDY to SEA 53 days (26 Jul – 16 Sep 69).” 

On 6 Jan 72, Special Order GB-23, provided by the applicant, states that the 347th Field Maintenance Squadron and the 556th Tactical Reconnaissance Squadron received the AFOUA from 15 Apr 69 to 15 Apr 71and 30 May 70 to 15 Apr 71, respectively. 

On 14 May 75, Special Order GB-3383, provided by the applicant, states that the 556th Tactical Reconnaissance Squadron received the RVGC w/Palm from 1 Jul 68 to 31 May 72.  

For more information, see the AFBCMR Letter and Record of Proceedings at Exhibit H, excerpts of the applicant’s record at Exhibit J, and the advisory at Exhibit K.

APPLICABLE AUTHORITY

The Vietnam Service Medal is awarded to all service members of the Armed Forces who between 4 Jul 65 and 28 Mar 73 served in the following areas of Southeast Asia: Vietnam and its contiguous waters and airspace in Thailand, Laos, or Cambodia or the airspace thereof and in the direct  support of military operations in Vietnam. To be eligible, a service member must have been permanently assigned, attached, or detailed for one or more days with an organization participating in or directly support ground (military) operations; or have directly participated as a crew member in one or more aerial flights directly supporting military operations; or, have served on temporary duty for 30 consecutive or 60 non-consecutive days. Those time limitations may be waived for personnel participating in actual combat operations.

The Republic of Vietnam Campaign Medal is awarded to members of the Armed Forces of the
United States who between 1 Mar 61 and 28 Mar 73, served for 6 months in South Vietnam during
this period; 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.

The Republic of Vietnam Gallantry Cross with Palm is awarded by the Republic of Vietnam
to certain units of the U.S. armed forces for valorous combat achievement during the Vietnam War, 1 Mar 61 to 28 Mar 73.

AIR FORCE EVALUATION

AFPC/DP3SP, was able to verify award of the AFOUA with one Bronze Oak Leaf Cluster, but recommends denial of the RVGC w/Palm and the VSM.  In regards to the RVGC w/Palm, Special Order GB-338 awards the 556th Tactical Reconnaissance Squadron not the 556 Reconnaissance Squadron the award.  In reference to the VSM, the only definitive documentation to verify Vietnam service is the undated postcard the applicant provided in which the post card is marked “FREE” (provided in his original application).  While the AFHRA noted that the 556th Reconnaissance Squadron, Detachment 2 operated out of Cam Ranh Bay Air Base, Vietnam, the applicant was not assigned to either Detachments during the time in question.  In addition, the term “SEA” covers several countries to include: Brunei, Burma (Myanmar), Cambodia, Timor-Leste, Indonesia, Laos, Malaysia, the Philippines, Singapore, Thailand and Vietnam.  As such, DP3SP is unable to verify the applicant was in Vietnam for the duration of time listed on his AF Form 7.  

The complete advisory opinion is at Exhibit K.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION\

The Board sent a copy of the advisory opinion to the applicant on 1 Jun 20 for comment (Exhibit L), and the applicant replied on 13 Jun 20.  In the response, the applicant’s PNOK argues that while AFPC/DP3SP states the only evidence is a postcard that was marked “free” and sent to the applicant’s home of record, they failed to address the picture of a package that contained a 
reel-to-reel tape.  The mailing package, which was also marked “free,” has a “From” address that shows the applicant’s name, social security number, and reflects that his unit was in fact the 556th Reconnaissance Squadron, Detachment 2.  As such, the Air Force Historian has confirmed that Detachment 2 was stationed in Vietnam and “SEA” would have been what was used by administrative personnel to reflect the assignment.  In addition, the 96326 APO address that is on the package has been identified as Cam Ranh Air Force Base, Vietnam.  Furthermore, the audio file and the transcript of the reel-to-reel tape, which were submitted as evidence with the initial application, corresponds precisely to what is recorded on the “Foreign Service” portion of his Air Force Form 7 and all of the aforementioned evidence directly refutes the argument made by AFPC that he was not assigned to Detachment 2 of the 556th Reconnaissance Squadron.   

The applicant’s complete response is at Exhibit K.

FINDINGS AND CONCLUSION

After reviewing all Exhibits, the Board concludes the applicant has presented evidence sufficient to demonstrate an error or injustice.  While the Board concurs with the recommendation of AFPC/DP3SP to award the AFOUA with one Bronze Oak Leaf Cluster, the Board also finds a preponderance of the evidence substantiates the applicant’s contentions for award of the VSM and RVGC w/Palm.  In particular, the applicant has provided photos of postage, which show that he was assigned to Detachment 2 of the 556th Reconnaissance Squadron and as the e-mail from the Air Force Historical Research Agency (AFHRA) confirms, this unit was stationed in at Cam Ranh Bay Air Base, Vietnam.  In addition, the AFHRA also indicates that if the applicant was assigned to Detachment 2, then “SEA” would have been used to document his Foreign Service during the period in question.  Given that the applicant’s Air Force Form 7, Airman Military Record, reflects “TDY to SEA 53 days (26 Jul – 16 Sep 69)” and based on a totality of the evidence, the Board finds sufficient justification to change the original findings and recommends the applicant’s records be corrected as indicated below.

The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that the he was awarded the Vietnam Service Medal (VSM), Republic of Vietnam Gallantry Cross with Palm  (RVGC w/Palm), and the Air Force Outstanding Unit Award (AFOUA) with one Bronze Oak Leaf Cluster. 

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-2019-04305-2 in Executive Session on 17 Jul 20:

	, Panel Chair
	, Panel Member
	, Panel Member

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

Exhibit H:	Record of Proceedings, w/ Exhibits A-E, dated 19 Dec 19.
Exhibit I:	Application, DD Form 149, w/atchs, dated 25 Mar 20.
Exhibit J:	Documentary evidence, including relevant excerpts from official records.
Exhibit K:	Advisory opinion, AFPC/DP3SP, dated 30 May 20. 
Exhibit L:	Notification of advisory, SAF/MRBC to applicant, dated 1 Jun 20.
Exhibit M:	Applicant’s response, w/atchs, dated 13 Jun 20.
Exhibit N: Transcript excerpt from Application, DD Form 149, dated 8 Jul 19. 

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.