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AF | BCMR | CY2002 | 0101463
Original file (0101463.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-01463
            INDEX CODE:  108.00

            COUNSEL:  JOHN E. HOWELL

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect award of the Vietnam Service Medal
(VSM) (Vietnam), rather than VSM (Thailand).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His concern is that the modifier “Thailand” has been appended  to  his
VSM and that would permit the Department of Veterans Affairs (DVA)  to
continue to deny  him  his  DVA  benefits  for  Post-Traumatic  Stress
Disorder (PTSD) on the grounds that he cannot verify  his  service  in
Vietnam.

In support of his  appeal,  the  applicant  provided  statements  from
counsel, a personal statement, extracts from  his  military  personnel
and medical records, and other documents associated  with  the  matter
under review, including documentation pertaining to the history of the
314th Tactical Airlift Wing (TAW).

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

_________________________________________________________________

STATEMENT OF FACTS:

Available documentation indicates that the applicant enlisted  in  the
Regular Air Force on 15 Oct 68.  He was discharged on  2 Jan 71  under
the provisions of AFM 39-12 and furnished a general discharge.  He was
credited with 2 years, 1 month, and 9 days of  total  active  service.
He had 39 days of lost time.

A DD Form 215, dated 16  Jul  01,  reflects  that  the  applicant  was
awarded the VSM (Thailand).

The remaining  relevant  facts  pertaining  to  this  application  are
contained in the letters prepared by the appropriate  offices  of  the
Air Force.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial.  AFPC/DPPPR noted  that  the  applicant
initially submitted a DD Form 149, requesting award  of  the  VSM  for
various  temporary  duty  (TDY)  trips  to  Vietnam.    However,   the
applicant’s records only showed that he was in Vietnam on 22  Jun  70,
being seen at the Tan Son Nhut Air Base (AB) Dispensary.  According to
AFPC/DPPPR, there is no other indication in his records that he was in
Vietnam, and he did not  provide  any  documentation  to  support  his
claim.

AFPC/DPPPR indicated that documentation was found in  the  applicant’s
records showing that he was sent TDY to Thailand on or  about  23  Jul
70.  He was absent without leave  (AWOL)  on  15 Sep 70  from  U-Tapao
Royal Thai Air Force Base (RTAFB), and was apprehended in  Bangkok  on
9 Oct 70.  He was in correctional custody during the period 13 Nov  to
12 Dec 70, in Taiwan.  Therefore, he was TDY to Thailand for  over  30
consecutive days, and is entitled to the VSM for his TDY to  Thailand,
not for the one day spent in the  dispensary  in  Vietnam.   This  was
explained to the applicant when he was informed that this  office  had
verified his entitlement to the VSM for having been in  Thailand,  not
Vietnam.

AFPC/DPPPR stated the applicant claimed that he was a crew chief  with
the  534th  Organizational  Maintenance  Squadron  (OMS)  in   various
locations in Vietnam.  According to AFPC/DPPPR, the  applicant’s  only
overseas assignment was with the  314th  OMS  in  Taiwan.   AFPC/DPPPR
noted that the applicant provided a copy of the 314th TAW  involvement
in airlifts in Cambodia and Vietnam, but no documentation to show that
the applicant, as an aircraft mechanic, was involved in any  of  these
operations.  Furthermore, the applicant was assigned to the 314th OMS,
not the 314th  TAW.  The applicant also claimed to have been  assigned
to the 834th Airborne Division in Vietnam; however, there was also  no
documentation provided to  substantiate  this  claim.   The  applicant
claimed he witnessed traumatic events in Vietnam some time in  Oct 69;
however, he was not sent overseas until 31 Dec 69.   His  counsel  now
states the applicant was mistaken about the  year,  and  these  events
occurred in 1970.  It should be noted that the  only  verifiable  date
the applicant was in Vietnam was  22  Jun  70;  he  was  then  TDY  to
Thailand on or about 23 Jul 70, AWOL during the period 15 Sep to 9 Oct
70, and in correctional custody during the period 13 Nov to 12 Dec 70.
 He was returned to the United States and  discharged  on  1  Jan  71.
Counsel now states that the applicant erred on dates,  locations,  and
specifics because his memory is faulty after so many years.

A complete copy of the AFPC/DPPPR evaluation, with attachments, is  at
Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 5 Apr
02 for review and response.  As of this date,  no  response  has  been
received by this office (Exhibit D).

_________________________________________________________________

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.   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 has  been
awarded the VSM (Thailand).  However, no evidence has  been  presented
which has shown  to  our  satisfaction  that  the  applicant  met  the
established criteria for award of the VSM (Vietnam).  In view  of  the
above, and in the absence of sufficient 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 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 AFBCMR Docket Number 01-
01463 in Executive Session on 9 May 02, under the provisions of AFI 36-
2603:

      Mr. Lawrence R. Leehy, Panel Chair
      Mr. James E. Short, Member
      Mr. Charlie E. Williams, Jr., Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 19 May 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 26 Mar 02, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 5 Apr 02.




                                   LAWRENCE R. LEEHY
                                   Panel Chair


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