RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01085 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. His records be corrected to show his entitlement to the Vietnam Service Medal (VSM). 2. His records be corrected to show his entitlement to the National Defense Service Medal (NDSM). _________________________________________________________________ APPLICANT CONTENDS THAT: His records reflect that he is a veteran and should be awarded medals for his service. In support of the appeal, the applicant provides a copy of his Department of Veterans Affairs Rating Decision. The applicant’s complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 4 Jun 75 and was progressively promoted to the grade of senior airman. On 6 May 79, he was released from active duty for (Expiration of Term of Service) with service characterized as honorable. He served a total of 3 years, 11 months, and 29 days of active service. The Vietnam Service Medal (VSM), created on 8 Jul 65, 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: in Vietnam and the contiguous waters and airspace; in Thailand, Laos or Cambodia or the airspace there over and while the AFPC website incorrectly indicates “or”] in the direct support of military operations in Vietnam. The specific eligibility criteria requires a member to be attached to or directly serving for one or more days with an organization, or aboard a naval vessel, directly supporting military operations; actually participate as a crew member on one or more aerial flights directly supporting military operations; or serve on temporary duty (TDY) for 30 consecutive or 60 nonconsecutive days, although these time limitations may be waived for personnel participating in actual combat operations. However, no member may be issued both the AFEM and the VSM for service in Vietnam. The NDSM is awarded for honorable active service as a member of the Armed Forces of the United States for any period between 27 Jun 50 and 27 Jul 54 (Korean War); 1 Jan 61 and 14 Aug 74 (Vietnam War); 2 Aug 90 and 30 Nov 95 (Operations DESERT SHIELD/DESERT STORM); and 11 Sep 01 to a date to be determined (terrorism attacks on the United States). During those periods, service members in the following categories shall not be eligible for the NDSM; (1) members of the Guard and Reserves on short tours of active duty to fulfill training obligations under an inactive duty training program; (2) any servicemember on temporary duty (TDY) or temporary active duty to serve on boards, courts, commissions, and similar organization; (3) any service member on active duty for the sole purpose of undergoing a physical examination. Any member of the United States Coast Guard of the Reserve or Guard Forces of the Armed Forces who, between 1 Jan 61 and 14 Aug 74, became eligible for award of the either the Armed Forces Expeditionary Medal (AFEM) for the Vietnam Service Medal (VSM) or between 2 Aug 90 and 30 Nov 95 became eligible for award of the Southwest Asia Service Medal (SWASM) shall be eligible for award of the NDSM. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDRA recommends denial. DPSIDRA states that since the applicant did not serve on active duty during the time period for award of the NDSM or the VSM, he is not eligible for either award. The complete DPSIDRA evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 10 Sep 10, for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). _________________________________________________________________ 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. 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 conclusion the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting his request. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of a 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. _________________________________________________________________ The following members of the Board considered Docket Number BC- 2010-01085 in Executive Session on 4 Nov 10, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 17 Mar 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDRA, dated 19 Aug 10. Exhibit D. Letter, SAF/MRBR, dated 10 Sep 10. Panel Chair