RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-02804 INDEX CODE: 100.01 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: 1. His DD 214, Report of Separation from Active Duty, be corrected to show he entered active duty on 2 October 1970 rather than 2 October 1971. Administratively corrected 2. His records be corrected to show that he served in Vietnam. _________________________________________________________________ APPLICANT CONTENDS THAT: He needs his DD Form 214, dated 10 April 1975, corrected to show he served in Vietnam in 1971. In support of the application, the applicant submits a letter from the Department of Veterans Affairs (DVA), dated 12 February 2009 and a Statement in Support of Claim; a copy of AF Form 899, Request Authorization for Permanent Change of Station – Military, copies of AF Form 330, Records Transmittal/Request, copies of AF Form 1098, Personnel Action Request, and copies of AF Form 2095, Assignment/Personnel Action. Applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 2 October 1970 and was progressively promoted to the grade of sergeant. On 1 April 1975, he was honorably discharged after completing 4 years and 6 months of total active duty service. The applicant has also provided an amendment to his PCS orders from the 377th Air Base Wing, Vietnam, reassigning him to the 374th Combat Support Group, APO, San Francisco, 96319, Taiwan, reporting 15 December 1972. The Vietnam Service Medal was awarded to members of the Armed Forces of the United States who served at any time between 4 July 1965, and 28 March 1973, in Vietnam or its contiguous waters or airspace, or, for any period of service during the same time period in Thailand, Laos, or Cambodia or the air spaces there over and in direct support of operations in Vietnam. The VSM is presented to any service member who served on temporary duty for more than 30 consecutive days, or 60 non-consecutive days, attached to or regularly serving for one, or more, days with an organization participating in or directly supporting ground (military) operations or attached to or regularly serving for one, or more, days with an organization participating in or direct support of military operations. Simultaneous awards of both the Vietnam Service Medal, and the Armed Forces Expeditionary Medal, for the same period of service in Vietnam are not permitted; however, the AFEM may be exchanged for the VSM upon request from a service member. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPAPP recommends denial of the applicant’s request and states there are no documents in his records that confirm his service in Vietnam. While his permanent change of station (PCS) orders assigned him to the 377 ABWG, AFO San Francisco 36307, Tan Son Nhut Air Base, Vietnam, his performance report, dated 2 June 1973, indicates Ching Chuan Kang AB, Taiwan. There is no documentation in his record that indicates he served in Vietnam. The complete AFPC/DPAPP evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In support of the applicant’s appeal, a former co-worker has provided a statement indicating that in August 1972, he was assigned to Tan Son Nhut AB, RVN and when he arrived, the applicant was already on station and remained there until December 1972 at which time their unit was transferred to Ching Chuan Kang AB, Taiwan. Applicant's complete response, with attachments, is at Exhibit E. _________________________________________________________________ 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. Sufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice. In this respect, we note the VSM may be awarded to personnel assigned TDY for 30 consecutive, or 60 nonconsecutive days, in support of the Vietnam conflict in Vietnam, Thailand, Laos, and Cambodia during the period 4 July 1965 through 28 March 1973. After reviewing the documentation and witness statement submitted by the applicant, we find it sufficient to reasonably conclude that he was assigned to the 377th Air Base Wing, Tan Son Nhut AB, Republic of Vietnam for a period of over 60 days until his reassignment to Ching Chuan Kang AB, Taiwan. Therefore, we recommend his records be corrected to the extent indicated below. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved. Therefore, the request for a hearing is not favorably considered. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that he was awarded the Vietnam Service Medal. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2002-02804 in Executive Session on 12 January 2010, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, 25 Mar 09, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, HQ AFPC/DPAPP, 1 Aug 09. Exhibit D. Letter, SAF/MRBR, dated 21 Aug 09. Exhibit E. Letter, Mr. Mutu, dated 15 Apr 09, w/atchs. AFBCMR BC-2002-02804 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116) it is directed that: The pertinent military records of the Department of the Air Force relating to, be corrected to show that he was awarded the Vietnam Service Medal. Director Air Force Review Boards Agency