RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2009-00746
				COUNSEL:  NONE
				HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to reflect he was awarded the Vietnam Service Medal (VSM).

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APPLICANT CONTENDS THAT:

He is eligible for the VSM because in 1996 the inclusive dates for award of the VSM were updated to include the dates 29-30 Apr 75 and he was stationed in Thailand from 6 Apr 74 to 28 May 75.  

The applicant's complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant served on active duty in the Regular Air Force from 11 Oct 72 to 31 Mar 96.  He was progressively promoted to the grade of senior master sergeant having assumed the grade effective and with a date of rank of 1 Apr 94.  

His performance reports for the periods 16 Dec 73 to 15 Dec 74 and 16 Dec 74 to 22 Mar 75 reflect he was stationed in Thailand.  He had 10 years, 6 months and 15 days of foreign service.  The applicant retired effective 1 Apr 97.

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AIR FORCE EVALUATION:

HQ AFPC/DPSIDR recommends denial.  DPSIDR states the VSM is awarded to service members who between 4 Jul 65 and 28 Mar 73, served in Thailand, Laos, or Cambodia, or the airspaces, thereof, and in direct support of operations in Vietnam and if on temporary duty (TDY) be in the area of responsibility (AOR) for 30 consecutive or 60 nonconsecutive days.  DPSIDR was unable to verify the change in the criteria for award of the VSM.


The AFPC/DPSIDR complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states he found the information about the change in criteria for award of the VSM on the internet.  The reference was listed as Department of Defense (DOD) 1348 C6.6.1.1.5.

The applicant's rebuttal, with attachment, is at Exhibit E.

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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 error or injustice.  The applicant states the criteria for award of the VSM was amended to include the dates of 29-30 Apr 75.  However, he has provided insufficient evidence showing a change in the criteria for award of the VSM.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our decision that the applicant has failed to sustain his burden of proof of the existence of either an error or an injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered AFBCMR Docket Number BC-2009-00746 in Executive Session 9 Jul 09, under the provisions of AFI 36-2603:

				, Vice Chair
				, Member
				, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2009-00746 was considered:

	Exhibit A.	DD Form 149, dated 25 Feb 09.
	Exhibit B.	Applicant's Military Personnel Records.
	Exhibit C.	Letter, HQ AFPC/DPSIDR, dated 14 Apr 09.
	Exhibit D.	Letter, SAF/MRBR, dated 1 May 09.
	Exhibit E.	Letter, Applicant, dated 19 May 09, w/atch.




					
					Vice Chair