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AF | BCMR | CY1999 | 9801001
Original file (9801001.DOC) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-01001
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect award of the Vietnam Service Medal
and the time he served on temporary  duty  (TDY)  during  the  Vietnam
Conflict.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The time he served on TDY  in  Thailand  was  never  included  in  his
records for award of the Vietnam Service Medal.

In support of his appeal, the applicant provided  copies  of  his  TDY
orders and separation documents.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 4 Aug  61.   He  served
continuously as a member of the Regular Air Force until 22 Dec 69,  at
which time he was honorably discharged in the grade of staff  sergeant
(E-5) under the provisions of AFM 39-10 (Hardship).  He  was  credited
with 8 years, 4 months, and 19 days of total active service.

The relevant facts pertaining to this application are contained in the
letter  prepared  by  the  appropriate  office  of  the   Air   Force.
Accordingly, there is no need to recite these facts in this Record  of
Proceedings.

_________________________________________________________________




AIR FORCE EVALUATION:

The  Recognition   Programs   Branch,   AFPC/DPPPRA,   reviewed   this
application and recommended  denial.   DPPPRA  noted  the  TDY  orders
provided by the applicant, which indicated that he was to  proceed  on
or about 7 May 68 from  Ramey  AFB,  Puerto  Rico,  to  Columbus  AFB,
Mississippi, and APO San Francisco 96330 and return to Ramey  AFB  for
approximately 90 days.  He did not  provide  any  other  documentation
(such as a Travel Voucher) to show the inclusive  dates  he  was  TDY.
The applicant’s Medical Records showed that he was treated in U-Tapao,
Thailand, on 20 May 68 through 5 Jun 68, for  a  period  of  17  days.
According to DPPPRA, there was no other indication in his records that
he was TDY or in Thailand.

DPPPRA indicated that the Vietnam Service  Medal  is  awarded  to  all
members of the Armed Forces of the United States serving at  any  time
during 4 Jul 65-28 Mar 73 in Thailand, Laos, or Cambodia and in direct
support of operations in Vietnam.  To be eligible,  a  Service  member
must serve on TDY 30 consecutive or 60 nonconsecutive days.  Since the
applicant was already on an overseas  assignment  (Ramey  AFB,  Puerto
Rico), his records would not reflect  any  additional  overseas  duty,
such as TDY.  Although the  applicant  provided  a  copy  of  his  TDY
orders, he did not provide any other documentation showing he  was  in
Thailand for 30 consecutive or 60 nonconsecutive  days.   His  medical
records only reflect his presence in Thailand for  17  days.   Without
copies of official  documentation,  DPPPRA  stated  that  they  cannot
verify his eligibility for the Vietnam Service Medal.

A complete copy of the DPPPRA evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant indicated that he departed Columbus, Mississippi,  on  8 May
68 and returned on 27 Aug 68, more than 90 days.   However,  the  only
documentation that he was able to provide was his TDY orders.

Applicant’s complete response is at Exhibit E.

_________________________________________________________________

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 probable 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 (OPR) and adopt  their  rationale  as
the basis for our conclusion that  the  applicant  has  not  been  the
victim of an error or injustice.  We note that the applicant was on an
overseas assignment; therefore, his  records  would  not  reflect  any
additional overseas  duty  such  as  a  TDY.   No  evidence  has  been
presented which has shown to our satisfaction that the  applicant  met
the established criteria for award of the Vietnam Service  Medal.   In
view of the above, and in the absence of clear and convincing evidence
to the contrary, we find no compelling 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 probable  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  this  application  in
Executive Session on 2 Mar 99, under the provisions of AFI 36-2603:

      Mrs. Barbara A. Westgate, Panel Chair
      Mr. Michael V. Barbino, Member
      Mr. Roger E. Willmeth, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 19 Mar 98, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPRA, dated 27 Apr 98.
    Exhibit D.  Letter, SAF/MIBR, dated 11 May 98.
    Exhibit E.  Letter, applicant, undated.




                                   BARBARA A. WESTGATE
                                   Panel Chair

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