RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02597 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His record be corrected to reflect he was awarded the following awards: a. Vietnam Service Medal (VSM). b. Small Arms Expert Marksman Ribbon (SAEMR). ________________________________________________________________ APPLICANT CONTENDS THAT: He is eligible for the VSM due to his temporary duty (TDY) assignments in participation of the Tet Offensive and he earned the SAEMR during basic military training (BMT). He has each of these medals but without supporting documentation of the VSM, he is unable to join the Veterans of Foreign Wars (VFW). The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records indicate he enlisted in the Regular Air Force on 13 Sep 65. On 21 Jan 69, the applicant was honorably discharged from the Air Force and was credited with three years, four months, and nine days of total active service. On 23 Aug 13, AFPC/DPSID notified the applicant they were able to verify the applicant’s entitlement to the Air Force Outstanding Unit Award (AFOUA) and will correct his records administratively. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends denial of the applicant’s request for award of the VSM and SAEMR. After a thorough review of the applicant’s official military personnel record, there is no documentation in the applicant’s military personnel records verifying he was in the area of eligibility for the VSM or that he qualified as expert with either the M-16 rifle or issue handgun. The VSM is awarded to all service members of the Armed Services who between 4 Jul 65 and 28 Mar 73, served in the following areas of Southeast Asia: Vietnam and the contiguous waters and airspace; in Thailand, Laos, or Cambodia or the airspace thereof and in the direct support of military operations in Vietnam for 30 consecutive days or 60 non-consecutive days. However, according to his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, he was not credited with any foreign service and there are no other documents in his records that would substantiate that he served in the qualifying area of operations. In regards to the SAEMR, it was authorized by the Secretary of the Air Force on 28 Aug 62 and is awarded to all United States Air Force service members who, after 1 Jan 63, qualify as “expert” in small-arms marksmanship with either the M-16 rifle or issue handgun. A complete copy of the AFPC/DPSID evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant argues he received the VSM while TDY to Hickam AFB and provided three pictures of his tour of duty. He is unable to decipher how he can provide any further information regarding his direct support of military operations in Vietnam for 30 consecutive days. However, through research, verification can be made of his TDY to Fort Campbell, Kentucky in January 1968 and Chicago in August 1968. Also, he reiterated that he was awarded the SAEMR ribbon for receiving a perfect score in shooting the M-16 while attending BMT. The applicant’s complete submission, with attachment, is at Exhibit E. ________________________________________________________________ THE BOARD CONCLUDES THAT: 1.  The applicant has not 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. We took notice of the applicant’s complete submission, including his response to the Air Force evaluation, 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. We note that AFPC/DPSID has verified the applicant’s entitlement to the AFOUA and corrected his records administratively. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting any relief beyond that rendered administratively. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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 AFBCMR Docket Number BC-2013-02597 in Executive Session on 6 Mar 14, under the provisions of AFI 36-2603: Chair Member Member The following documentary evidence was considered: Exhibit A.  DD Form 149, dated 27 May 13. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Letter, AFPC/DPSID, dated 23 Aug 13. Exhibit D.  Letter, SAF/MRBR, dated 20 Sep 13. Chair 3