RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03747 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Report of Separation from Active Duty, be corrected to reflect: a. His service in Vietnam, Guam, and the Philippines (administratively corrected). b. Award of the Bronze Star Medal with Valor (BSM w/V), the Vietnam Service Medal (VSM), Republic of Vietnam Campaign Medal (RVCM), and the Philippine Defense Medal (PDM). _________________________________________________________________ APPLICANT CONTENDS THAT: His DD Form 214 does not reflect all of his awards and service in Republic of Vietnam, Guam, and the Philippines. The evidence will show that he had boots on ground in Vietnam and was awarded the BSM w/V. In support of his request, the applicant provides an expanded statement and copies of documents extracted from his military personnel records, which include his DD Form 214, an Airman Performance Report, and his BSM w/V certificate and accompanying citation. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant’s records reflect he served on active duty from 4 Jan 72 until his release from active duty on 6 Aug 75. The BSM w/V is awarded to a person in any branch of the military service who, while serving in any capacity with the Armed Forces of the United States on or after 7 Dec 41, shall have distinguished themselves by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an enemy. The VSM is awarded to service members of the Armed Forces who served at any time between 4 Jul 65 and 28 Mar 73, in Vietnam, its contiguous waters, or airspace thereover; or in Thailand, Laos, or Cambodia, or the airspaces thereover. To be eligible, a service member must be: (1) attached or regularly serving for one, or more, days with an organization participating in or directly supporting ground (military) operations, (2) attached to or regularly serving for one, or more, days aboard a naval vessel directly supporting military operations, (3) actually participate as a crew member in one or more aerial flights directly supporting military operations, or (4) serve on temporary duty for 30 consecutive days or 60 nonconsecutive days, time limitations which may be waived for personnel participating in actual combat operations. The RVCM is awarded to members of the US armed forces who, during the period 1 Mar 61 through 28 Mar 73, served for six months in South Vietnam, 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. Only those who meet the criteria established for the Armed Forces Expeditionary Medal (AFEM) (Vietnam) or the VSM during the period of service are considered to have contributed direct combat support the RVN Armed Forces. The PDM is awarded for combat service in the defense of the Philippines from 8 Dec 41 to 15 Jun 42. On 10 Nov 11, APFC/DPAPP notified the applicant that his boots on ground service in Guam, Philippines, and Vietnam had been verified and that his foreign service is accurately reflected on his DD Form 214. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSIDR recommends denial noting although the applicant provided the certificate and citation for the BSM w/V, there were no special orders provided or located to verify the applicant was submitted for or awarded the BSM w/V. As for his requests related to the VSM and the RVCM, while the Directorate of Personnel Assignments was able to verify the applicant’s service in Vietnam for a total of three days, he is ineligible for award of the VSM or RVCM. As for his request related to the PDM, while the applicant served at Clark Air Base, Philippines from 12 Sep 74 though 5 Aug 75, such service was well outside the inclusive dates (8 Dec 41 to 15 Jun 42) for the PDM. The complete 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 22 Dec 11, for review and comment within 30 days. As of this date, no response has been received by this office. _________________________________________________________________ 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 an error or injustice with respect to the Vietnam Service Medal (VSM), Republic of Vietnam Campaign Medal (RVCM), and Philippine Defense Medal (PDM). 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 that the applicant has not been the victim of an error or injustice. Notwithstanding the above, sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice with respect to the Bronze Star Medal with Valor (BSM w/V). We note the comments of the Air Force OPR indicating that without official special orders, they are unable to verify the applicant’s entitlement to the BSM w/V. Nevertheless, we are convinced by a preponderance of the evidence of the applicant’s entitlement to the requested decoration. In this respect, we note the applicant has provided a copy of the certificate and accompanying citation with the impressed official seal which is an indicator that the medal was approved and processed for disposition. Therefore, we believe it appropriate to resolve any doubt in his favor and recommend his records be corrected to the extent indicated below. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that he was awarded the Bronze Star Medal with “V” Device for heroism for the period 8 Apr 75 through 10 Apr 75. __________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-03747 in Executive Session on 15 May 12, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the record as recommended. The following documentary evidence was considered: Exhibit A. DD Forms 149, dated 4 Oct 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 15 Dec 11. Exhibit D. Letter, SAF/MRBR, dated 22 Dec 11. Panel Chair