RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  02-02484
            INDEX CODE 107.00
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Vietnam Service Medal (VSM)  and  that  his  records
reflect he served in Vietnam.

_________________________________________________________________

APPLICANT CONTENDS THAT:

While he was on tour at Taiwan from 18 Mar 68 to 13  Apr  69,  he  was
sent on temporary duty (TDY) to Vietnam. In lieu of TDY orders,  which
he does  not  have,  he  submits  his  “US  Government  Motor  Vehicle
Operator’s Identification Card” (AF Form  46).  The  card  is  stamped
“Valid Tuy Hoa Vietnam” across the front and  should  be  accepted  as
evidence.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered active duty on 15 Nov 65. During the  period  in
question, he was assigned to the 314 Field Maintenance Squadron  (FMS)
at Chin Chuan Kang AB, Taiwan, as an aircraft turbo prop  mechanic.  A
performance report while he was assigned in Taiwan covers  the  period
15 Nov 67 through 14 Nov 68 and has an overall rating  of  8  (Exhibit
B).

The applicant’s medical  records  reflect  he  received  treatment  in
Taiwan on the following dates: 21 Mar 68, 19-24 Apr 68 (hospitalized),
26 Apr 68, 24 May 68, 10 Jun 68, 19 Sep 68, 1 Nov 68 and  21  Nov  68.
His separation physical was administered on 15 Feb 69  at  the  6217th
USAF Hospital in Taiwan (Exhibits B and D).

On a “Statement of Service in Southeast Asia,” signed and dated by the
applicant on 20 Mar 68, he certified that he had not performed TDY  of
15 or more consecutive days in Southeast Asia and/or  participated  in
TDY as an aircrew  or  non-aircrew  member  in  combat  missions  over
hostile areas outside of the  Republic  of  Vietnam  since  1  Nov  61
(Exhibit D).

The Operator’s Identification Card  (AF  Form  46)  submitted  by  the
applicant has an issue date of 27 Mar 68 and is stamped “Valid Tuy Hoa
Vietnam” across the front (Exhibit A).  The  “Operator  Qualifications
and Record of Licensing, Examination and Performance” (DD Form  1360),
dated  28  Mar  68,  shows  the  card  was  issued   by   the   6217th
Transportation Squadron, in Taiwan (Exhibit D).

The applicant was honorably released from active duty in the grade  of
sergeant on 13 Apr 69.  He had 3 years, 4 months and 29 days of active
service, of which 1 year and 25 days are reflected as  foreign  and/or
Southeast Asia service.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPAPP2 notes there are no documents in the applicant’s records
that could be used to verify service in Vietnam. However, the advisory
author asserts that stamping the location of bases in Vietnam was  the
normal procedure and the driver’s license was only  stamped  when  the
member arrived at the base in Vietnam. The author vouches that when he
arrived at Phang  Rang  AB,  Vietnam  in  1969,  he  had  to  get  his
Operator’s Identification Card stamped before he could drive a vehicle
on Phang Rang AB, Vietnam. The  author  recommends  the  applicant  be
credited with at least 30 days TDY to Tuy Hoa AB,  Vietnam  during  18
Mar 68 to 13 Apr 69.

A complete copy of the evaluation is at Exhibit C.

HQ AFPC/DPPPR advises that eligibility for the VSM requires  a  member
to be deployed for 30 consecutive or 60 nonconsecutive days in  direct
support of operations in Vietnam or, as an aircrew member, flying into
or over Vietnam one time. The applicant was a non-crew  member.  While
the Operator’s  Identification  Card  supplied  by  the  applicant  is
stamped “Valid Tuy  Hoa  Vietnam”  across  the  front,  the  “Operator
Qualifications and Record of Licensing, Examination  and  Performance”
(DD Form 1360) shows the card was issued on 28 Mar 68  by  the  6217th
Transportation Squadron, in Taiwan [emphasis  advisory’s].   While  HQ
AFPC/DPAPP@ recommends credit for at least 30 days of TDY to Tuy  Hoa,
Vietnam during the period 18 Mar 68 to 13 Apr 69, they did not  verify
a specific 30 days and the applicant has  never  stated  any  specific
dates that he claims he was in Vietnam. The advisory author cites  the
applicant’s medical records recording the time he  was  in  Taiwan  as
well as the 20 Mar 68 “Statement of Service in Southeast  Asia”  form.
DPPPR believes it is impossible to verify that the  applicant  was  in
Vietnam for 30 consecutive or 60  nonconsecutive  days.   His  Vehicle
Operator’s License was issued in Taiwan and there is no way of knowing
when the “Tuy Hoa Vietnam” stamp was placed on it.  It  could  not  be
stamped on 18 Mar 68, or any date prior to 28 Mar 68, because  it  was
not issued until then.  If it was stamped in Vietnam any time after 28
Mar 68, the applicant could not have been there for 30 days since  his
medical records show he was in a fistfight in Taiwan on 18 Apr 68  and
was hospitalized until  24  Apr  68.  Without  official  documentation
showing he was in Vietnam for  30  consecutive  or  60  nonconsecutive
days, DPPPR cannot verify the applicant’s  eligibility  for  the  VSM.
Further, awarding the applicant the VSM would be an injustice to those
veterans who actually served in Vietnam and would degrade the prestige
of this medal. Denial is recommended.

A complete copy of the evaluation, with attachments, is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant agrees with HQ AFPC/DPAPP2’s advisory.  He  contends  he
arrived in Taiwan in Mar 68, not 8 Nov 67. He had a 13-month tour  and
left in Apr 69. On 8 Nov 67 he  was  still  at  Langley  AFB.  He  was
released from the Air Force on 13 Apr 69 because the 13-month tour  at
Chin Chuan Kang AB, Taiwan, made him eligible for  early  release.  He
believes his TDY experience occurred some time during his last 90 days
at Chin Chuan Kang AB.  He includes a map of Tuy Hoa, RVN, and a  copy
of a letter he sent his Senator on this matter.

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 to warrant award of the  VSM.  The
applicant’s contentions are duly noted; however, we do not find  these
assertions, in and by themselves, sufficiently persuasive to  override
the available evidence and the rationale provided by HQ AFPC/DPPPR. HQ
AFPC/DPAPP2 recommends the applicant be credited with at least 30 days
TDY based on  the  stamped  operator’s  card.  However,  although  the
operator’s card was stamped “Valid Tuy Hoa Vietnam,” we  note  it  was
issued in Taiwan and his medical records indicate he was  hospitalized
there shortly after the card was issued. While the possibility  exists
that the applicant may have been in  Vietnam  at  some  time,  he  has
provided  no  evidence  verifying  that  he  was  TDY  there  for   30
consecutive or 60 nonconsecutive days. He does not submit evidence  or
TDY orders/Travel Vouchers substantiating he was deployed  to  Vietnam
for any specific dates or for the length of time necessary to  qualify
for the VSM. The applicant has failed to sustain his burden of  having
suffered either an error or an injustice and, 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 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 20 February 2003, under the provisions of AFI 36-
2603:

                  Mr. Richard A. Peterson, Panel Chair
                  Ms. Mary J. Johnson, Member
                  Mr. James A. Wolffe, Member

The following documentary evidence relating to AFBCMR Docket Number 02-
02484 was considered:

   Exhibit A.  DD Form 149, dated 18 Jul 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPAPP2, dated 26 Aug 02.
   Exhibit D.  Letter, HQ AFPC/DPPPR, dated 21 Oct 02, w/atchs.
   Exhibit E.  Letter, SAF/MRBR, dated 25 Oct 02.
   Exhibit F.  Letter, Applicant, undated, w/atchs.




                                   RICHARD A. PETERSON
                                   Panel Chair