RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01046

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to reflect he was awarded the Vietnam Service Medal (VSM).  

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APPLICANT CONTENDS THAT:

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, does not reflect his VSM or credit him with service during the Vietnam wartime period.  This is a simple clerical error because everyone that served during the Vietnam War was awarded the VSM.  

The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant’s military personnel records indicate that he enlisted in the Regular Navy on 25 May 1959.  

On 4 March 1963, the applicant was honorably released from active duty and transferred to the Naval Reserve.  He was credited with 3 years and 9 months total active service.  

On 15 April 1965, the applicant enlisted in the Regular Air Force.  

On 31 July 1981, the applicant was relieved from active duty and retired, effective 1 August 1981, and was credited with 20 years and 26 days of total active service.   

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.  

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AIR FORCE EVALUATION:

AFPC/DPSID recommends denial, indicating there is no evidence of an error or injustice.  The applicant contends he should be awarded the VSM for his service during the Vietnam Conflict; however, there is no documentation in his official military personnel record verifying he served in the area of eligibility for award of the VSM.  The VSM is awarded to all service members of the Armed Forces who, between 4 July 1965 and 28 March 1973, served in Vietnam, its waters and airspace, or 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.  To grant the applicant the requested relief would be contrary to the eligibility criteria established by DoDM 1348.33, Manual of Military Decorations and Awards.  

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 31 May 2013 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit D).

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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.  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 the applicant’s records do not reflect he is entitled to the VSM.  While we are not unmindful of the applicant’s service to the Nation,  in the absence of evidence to the contrary, we find no basis to grant the relief sought in this application.  

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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.

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The following members of the Board considered AFBCMR Docket Number BC-2013-01046 in Executive Session on 21 November 2013, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 22 February 2013, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSID, dated 13 May 2013.
     Exhibit D.  Letter, SAF/MRBR, dated 31 May 2013.




                                   
                                   Panel Chair

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