RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03541 COUNSEL: NONE HEARING DESIRED: NOT INDICATED _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect entitlement to the: 1. Vietnam Service Medal (VSM). 2. Republic of Vietnam Campaign Medal (RVCM). _________________________________________________________________ APPLICANT CONTENDS THAT: He is filing for benefits with the Department of Veterans Affairs (DVA) for a medical condition due to exposure to Agent Orange herbicides. In support of his request, the applicant provides copies of extracts from his master personnel records and a photo of his decorations. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The available records reflect the applicant entered the Regular Air Force on 29 Dec 72 and was honorably discharged on 29 May 79. He is credited with six years, five months, and one day of active service and seven months and nine days of Foreign Service. The VSM 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 Southwest Asia: in Vietnam and the contiguous waters and airspace; in Thailand, Laos or Cambodia or the airspace thereof, and in direct support of military operations in Vietnam. The RVCM is awarded to members of the Armed Forces of the United States who served for six months in South Vietnam, during the period 1 Mar 61 and 28 Mar 73; or served outside the geographical limits of South Vietnam and contributed direct combat support to the RVN Armed Forces for an aggregate of six months. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSIDR recommends denial. DPSIDR states the Directorate of Assignments (HQ AFPC/DPAPP) was only able to verify the applicant being at Tan Son Nhut Air Base, Republic of Vietnam, on 22 Mar 75. DPSOS states no official documentation was located or provided to help verify additional Foreign Service credit in Vietnam. The complete HQ AFPC/DPSIDR 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 Dec 10 for review and comment within 30 days (Exhibit D). As of this date, this office has not received a response. _________________________________________________________________ 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 the relief sought in this application. 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 issues involved. Therefore, the request for a hearing is not favorably considered. _________________________________________________________________ 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. _________________________________________________________________ The following members of the Board considered Docket Number BC-2010-03541 in Executive Session on 13 January 2011, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 21 Sep 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, HQ AFPC/DPSIDR, dated 29 Nov 10. Exhibit D. Letter, SAF/MRBR, dated 10 Dec 10. Panel Chair