RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-01076
INDEX CODE: 100, 107
COUNSEL: GIL S. SOSA
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214 (Armed Forces of the United States Report of Transfer
or Discharge) be corrected to reflect duty in Vietnam and to award him
the Vietnam Service Medal and Small Arms Expert Marksmanship Ribbon
with 1 Bronze Service Star.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He is being denied certain rights in connection with the Agent Orange
Registry and service-connected disabilities.
Applicant’s complete submissions are attached at Exhibit A and A1.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant served on active duty from 11 Sep 64 - 21 Sep 66. His
DD Form 214 reflects award of the National Defense Service Medal
(NDSM).
Temporary duty (TDY) orders provided by the applicant reflect 20 days’
TDY, effective 12 Jun 66, from Clark AB, Philippines, to Tan Son Nhut
AB, Vietnam.
On 21 Sep 66, the applicant was discharged from the Air Force with a
general, under honorable conditions, discharge in the grade of airman
basic. He was credited with two years and nine days of active
service.
The Air Force indicated that the applicant was assigned to the 6200
Organizational Maintenance Squadron in the Philippines and this unit
earned the Air Force Outstanding Unit Award (AFOUA) while he was
assigned to the unit. Therefore, this award has been added to his DD
Form 214.
_________________________________________________________________
AIR FORCE EVALUATION:
The Recognition Programs Branch, AFPC/DPPPRA, reviewed this
application and indicated that applicant was requested on 2 May 98 to
provide documentation to show he actually accomplished the TDY trip
(on/about 12 Jun 66 for 20 days, from Clark AB to Tan Son Nhut AB) for
which he provided TDY orders; however, there was no response. Since
the applicant has no orders showing he was a regularly assigned crew
member, he would have to have been in Vietnam for 30 consecutive or 60
nonconsecutive days on TDY in order to be eligible for the Vietnam
Service Medal and he has provided no documentation showing he was
actually TDY in Vietnam at any time. TDY orders do not prove
anything. Even if he had gone, 20 days is insufficient to make him
eligible for the Vietnam Service Medal. In addition, applicant did
not furnish any documentation to verify his claim that he earned the
Small Arms Expert Marksmanship Ribbon with 1 Bronze Service Star.
DPPPRA states that the Small Arms Expert Marksmanship Ribbon is
awarded to Air Force personnel who qualify as Expert with either the
M16 rifle or issue handgun on the Air Force qualification course or
the appropriate orientation course, or who satisfactorily complete the
Combat Rifle Program. The bronze service star is awarded only for
those personnel who, after 22 Jun 72, meet the award criteria with
both the M16 rifle and issue handgun. There is no indication in the
applicant’s records that he fired the M16 rifle or an issue handgun,
or that he qualified as Expert with either. Other than the AFOUA,
DPPPRA cannot verify the applicant’s eligibility for any additional
unit or individual awards or decorations. Therefore, they recommend
denial of his request to correct his DD Form 214 to reflect duty in
Vietnam and to award him the Vietnam Service Medal and Small Arms
Expert Marksmanship Ribbon with 1 Bronze Service Star.
A complete copy of the Air Force evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant reviewed the Air Force evaluation and stated that he located
his bunk mate in the Philippines and the bunk mate has provided a
notarized statement that applicant did go to Vietnam.
Applicant’s complete response, with attachments, is attached 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. Applicant’s contentions
are duly noted; however, we do not find these assertions sufficiently
persuasive to override the rationale provided by the Air Force. We
therefore agree with the recommendation of the Air Force and adopt the
rationale expressed as the basis for our decision that the applicant
has failed to sustain his burden that he has suffered either an error
or an injustice. In view of the above and absent persuasive evidence
to the contrary, we find no compelling basis to recommend granting the
relief sought.
_________________________________________________________________
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 17 August 1999, under the provisions of Air Force
Instruction 36-2603:
Ms. Charlene M. Bradley, Panel Chair
Mr. Mike Novel, Member
Mr. Philip Sheuerman, Member
Mrs. Joyce Earley, Examiner (without vote)
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Apr 98, w/atchs.
Exhibit A1. DD Form 149, dated 16 Apr 98, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPRA, dated 4 Aug 98.
Exhibit D. Letter, AFBCMR, dated 16 Nov 98.
Exhibit E. Letter, Applicant, undated, w/atchs.
CHARLENE M. BRADLEY
Panel Chair
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