RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02870 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. His DD Form 214, Report of Separation from Active Duty, block 19, Indochina or Korea Service since August 5 1964, be amended to reflect 30 days versus 29 days. 2. He be awarded the Vietnam Service Medal (VSM). _________________________________________________________________ APPLICANT CONTENDS THAT: His DD Form 214 reflects the incorrect number of days he deployed to Thailand. His flight back to the Philippines was delayed by one day and he should have been credited with 30 days of TDY versus 29 days. In this respect, he contends the following: 1. He submitted a Department of Veteran’s Administration (DVA) claim for metastatic prostate cancer potentially caused by his Agent Orange exposure while deployed to Thailand in support of Operation LINEBACKER II. However, the DVA denied his claim because he could not provide a copy of his TDY orders or any official verification that he ever deployed to Thailand during the Vietnam War. 2. His amended orders will allow him to wear the VSM on his uniform. 3. He initially contacted the National Personnel Records Center (NPRC) but they were unable to locate his TDY orders to Thailand. 4. When he out-processed he noted his DD Form 214 reflected the incorrect number of days he was TDY to Thailand; however, he was informed that any corrections would delay his discharge from the Air Force. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 22 Oct 70, the applicant enlisted in the Regular Air Force. His DD Form 214 reflects a total of three years, six months, and five days of total active service; with one year and four months of Foreign Service. On 8 Aug 12, AFPC/DPSIRP notified the applicant that after a thorough search of his military personnel file, they were unable to find any TDY orders deploying him to Thailand. The Vietnam Service Medal (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 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 temporary duty (TDY) for 30 consecutive or 60 nonconsecutive days. However, these time limitations may be waived for personnel participating in actual combat operations. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPAPP recommends denial of the applicant’s request to correct his DD Form 214, block 19 to reflect 30 days versus 29 days TDY. DPAPP was able to verify the applicant was assigned at Clark Air Base, Philippines from 28 Aug 71 to 27 Nov 72; however, they could not find any mention of time served in Thailand other than the 29 days currently reflected on his DD Form 214. The complete DPAPP evaluation is at Exhibit C. AFPC/DPSID recommends denial of the applicant’s request for award of the VSM. DPSID states the applicant does not meet the criteria of 30 consecutive or 60 non-consecutive days in Thailand. To award him the VSM would be contrary to the intent which the award was established and would state the applicant served in Thailand which cannot be verified. The complete DPSID evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 29 Oct 12, by letter, the applicant reiterates his original contentions. In further support of his appeal, the applicant provides a copy of his original application with attachments. The applicant’s complete response, with attachments, is at Exhibit F. _________________________________________________________________ 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. After thoroughly reviewing the evidence of record and noting the applicant’s contentions, we are not persuaded that his Indochina or Korea Service since August 5 1964 should be changed or that he meets the criteria for award of the VSM. In this respect, we note that AFPC/DPAPP has verified the applicant was TDY to Thailand for 29 days; however, he has not provided substantial evidence to reflect this period should be reflected as 30 days. In view of this and noting the VSM criteria, we find no basis to warrant correcting his records to show his entitlement to this medal. Should the applicant provide official documentation to substantiate he was TDY to Thailand for 30 consecutive days, rather than 29, and that he meets the criteria for award of the VSM, we would be willing to reconsider his request. In view of the above and 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-2012-02870 in Executive Session on 19 Mar 13, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 26 Jun 12, w/atchs. Exhibit B. Letter, AFPC/DPSIRP, dated 8 Aug 12. Exhibit C. Letter, AFPC/DPAPP, dated 4 Sep 12. Exhibit D. Letter, AFPC/DPSID, dated 9 Oct 12. Exhibit E. Letter, SAF/MRBR, dated 16 Oct 12. Exhibit F. Letter, Applicant, dated 29 Oct 12, w/atchs. Panel Chair