RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02237 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: 1. His DD Form 214, Report of Separation from Active Duty, be updated to reflect his award of the Vietnam Service Medal (VSM). 2. His records be corrected to reflect he had “Boots on the Ground” in Vietnam. ________________________________________________________________ _ APPLICANT CONTENDS THAT: 1. He is authorized the VSM because he served in Indochina for 40 days, which is reflected on his DD Form 214. The Small Arms Hand Receipt also proves that he was in Vietnam. He was stationed at Langley Air Force Base, Virginia, from 1970-1974 as an Aircraft Electrician. He spent 8 months and 13 days overseas performing temporary duty missions. 2. While he was working in the electrical shop in the Philippines, a supervisor asked for volunteers to go to Tan Son Nhut, so he volunteered. He landed in Tan Son Nhut during the May/June timeframe in 1972. He gives a detailed account regarding the nights being long and exceptionally dark. In support of his request, the applicant provides a personal statement, a copy of his AF Form 629, Small Arms Hand Receipt, a copy of his DD Form 214, and excerpts from the internet on Indochina. His complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant enlisted into the Regular Air Force on 2 Oct 70. The applicant’s DD Form 214, effective 1 Oct 74, reflects 40 days of Indochina or Korea service. His DD Form 214, effective 30 Sep 95, reflects he was awarded the VSM. He retired on 30 Sep 95 after serving 20 years, 1 month, and 15 days on active duty. 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 Southeast 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. A service member must have served on TDY for 30 consecutive days or 60 nonconsecutive days to be eligible for award of the VSM. Those time limitations may be waived for personnel participating in actual combat operations. The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force, which is at Exhibit C, D, and E. ________________________________________________________________ _ AIR FORCE EVALUATION: AFPC/DPSID recommends approving the applicant’s request for the VSM with one Bronze Service Star (VSM 1/BSS). In this respect, the applicant provides a detailed account of his temporary duty at Tan Son Nhut AB, Vietnam, in 1972 with supporting documentation showing he was issued an M-16. In addition, his Airman Performance Report for the period ending 19 Jan 73 indicates he was “utilized on many short TDY’s” during this period. The complete DPSID evaluations are at Exhibit C. APFC/DPAPP recommends denial stating that the applicant’s master personnel records did not contain information that reflects he served in Vietnam. The complete DPAPP evaluation is at Exhibit D. AFPC/JA recommends approval stating that with all evidence considered together, they believe the applicant has established that it was more likely than not he was awarded the VSM. In this respect, they agree with the AFPC/DPSID advisory opinion. With respect to a comment in the DPAPP advisory opinion that the information provided by the applicant “did not contain information that reflects [the applicant] served in Vietnam,” that documentation does contain evidence that the applicant served in Vietnam: his detailed statement attached to his application. While the applicant offered no corroborating documentation from his military record, his statement itself constitutes evidence and is entitled to be treated as such. The weight to be given that evidence can certainly be debated, but they find the detail included in the statement adds to its credibility. Furthermore, the DPAPP advisory ignores annotation of the medal on the applicant’s 1995 DD Form 214. Moreover, the applicant’s performance report for the period he says he was in Vietnam, while not specifically mentioning Vietnam, pays tribute to the applicant’s several short temporary duty assignments that required a single electrician with the highest capability. The complete JA evaluation is at Exhibit F. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He reiterates his claim that he served in Vietnam in 1972 and provides an article that confirms general real world conditions in Vietnam, but in particular it discusses the conditions at Tan Son Nhut with regard to the C-130 aircraft that was shot down during the Battle of AnLoc, South Vietnam. The applicant’s submission, with attachment, is at Exhibit G. ________________________________________________________________ _ 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 injustice. We note the recommendation of AFPC/DPAPP; however, we agree with recommendation of AFPC/DPSID and AFPC/JA that it appears the applicant has provided sufficient evidence to reflect he served in Vietnam for at least 40 consecutive days between May and June 1972 and is entitled to the VSM Bronze Service Star. Additionally, we recommend the applicant’s record be corrected to reflect “boots on ground” in Vietnam. Therefore, his records should be corrected as indicated below. ________________________________________________________________ _ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that: a. His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized,) effective 30 September 1995, be amended to reflect the award of the Vietnam Service Medal with One Bronze Service Star. b. He had boots on the ground in the Republic of Vietnam from May to June 1970. ________________________________________________________________ _ The following members of the Board considered AFBCMR Docket Number BC-2013-02237 in Executive Session on 18 Feb 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 5 May 13, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 23 Aug 13 and 2 Dec 13. Exhibit D. Letter AFPC/DPAPP, dated 30 May 13. Exhibit E. Letter, AFPC/JA, dated 23 Dec 13. Exhibit F. Letter, SAF/MRBR, dated 17 Jan 14. Exhibit G. Letter, Applicant, undated, w/atch. Panel Chair 4