RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04629 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Report of Separation from Active Duty be corrected to reflect the following medals: a. Vietnam Service Medal (VSM). b. Republic of Vietnam Campaign Medal (RVNCM). ________________________________________________________________ APPLICANT CONTENDS THAT: He was stationed at McGuire Air Force Base, New Jersey and was sent on Temporary Duty (TDY) assignments to DaNang, Saigon, Tonson Nhut and Ben Wah, South Vietnam to make cargo deliveries. His “201” file reflects he was awarded both the VSM and RVNCM; however, these medals are not reflected on his DD Form 214. In support of his request, the applicant provides copies of his AF Form 1712, Uniform Military Personnel Record and DD Form 214. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 24 Mar 70, the applicant enlisted in the Regular Air Force. He served 3 years, 10 months and 14 days of total active 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 Southeast Asia: Vietnam and the contiguous waters and airspace; in Thailand, Laos, or Cambodia or the airspace there over 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, directly supporting military operations; or actually participate as a crew member on one or more aerial flights directly supporting military operations; or serve on TDY for 30 consecutive or 60 nonconsecutive days. However, these time limitations may be waived for personnel participating in actual combat operations. The RVNCM is awarded to members of the United States Armed Forces who, between 1 Mar 61 and 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 Republic of Vietnam Armed Forces for an aggregate of six months. Only members of the United States Armed Forces who meet the criteria established for the AFEM or VSM during the period of service required are considered to have contributed direct combat support to the Republic of Vietnam Armed Forces; or, did not complete the length of service required, but who, during wartime, were: wounded by the enemy (in a military action), captured by the enemy during action or in the line of duty, but later rescued or released, killed in action or in the line of duty; or were assigned to Vietnam on 28 Jan 73, and served in Vietnam for the entire period between 29 Jan 73 to 28 Mar 73. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends denial. DPSID was unable to verify the applicant served in the Area of Eligibility (AOE) or that he fulfilled the criteria for award of the VSM or RVNCM. To grant relief would be contrary to the eligibility criteria established by DoDM 1348.33, Manual of Military Decorations and Awards, the Secretary of the Air Force, Chief of Staff, and/or the War Department. The applicant provided a copy of the Uniform Military Personnel Record (AF Form 1712), dated 25 Mar 74. The AF Form 1712 reflects the VSM and the Vietnam Campaign Medal (VCM). The AF Form 1712 also indicates 90 days of TDY; however, the applicant's DD Form 214, dated 8 Feb 74, does not list any foreign and/or sea service. DPSID was unable to locate official documentation verifying the applicant fulfilled the criteria for award of the VSM or the VCM. Although the applicant’s AF Form 1712, reflects award of the VSM and the RVNCM; there is no official source documentation verifying he served in the Area of Eligibility (AOE) during the award inclusive period, or that he entered the AOE as a member of an aircrew. The applicant’s personnel records contained numerous travel vouchers reflecting Foreign Service time; however his Foreign Service is not in the area of eligibility during the inclusive period for award of the VSM. One travel voucher reflects he was in Thailand for less than a day and outside the inclusive period for award of the VSM. The complete DPSID 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 30 Jan 14, 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 an error or injustice to warrant correcting his DD Form 214 to reflect award of the VSM or RVNCM. 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 (OPR) and adopt the rationale expressed as the basis for our conclusion the applicant has not been the victim of an error or injustice. In the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ 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- 2013-04629 in Executive Session on 8 Jul 14, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence pertaining to Docket Number BC-2013-04629 was considered: Exhibit A. DD Form 149, dated 20 Sep 13, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 21 Jan 14. Exhibit D. Letter, SAF/MRBR, dated 30 Jan 14.