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AF | BCMR | CY2005 | BC-2005-01539
Original file (BC-2005-01539.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS



IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01539
            INDEX CODE:      107.00
      xxxxxxxxxxxx     COUNSEL:  NONE

      xxxxxxxxxxxxx    HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  11 JUN 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

His record be corrected to show he was  awarded  the  Vietnam  Service
Medal (VSM).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was TDY to Vietnam from 5 March 1966 through 10 April  1966,  while
working as a civilian for  the  National  Security  Agency.   He  also
performed a second TDY to Vietnam in 1967.

In support of his request, the applicant submits a personal statement.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  on
11 April 1960, for a period of four years.

His record reflects he  served  in  Taiwan  on  1  March  1960,  as  a
recreation specialists, in the Philippines on 1 April 1961, as a  Non-
Morse Intercept Operator and in Italy from 11 September 1962 to 1 July
1963 as a Non-Morse Intercept Operator.

On 20 December  1963,  he  was  released  from  active  duty  with  an
Honorable Discharge in the  grade  of  airman  first  class.   He  had
3 years, 8 months, 10 days of total active service.  His DD  Form  214
reflects, the Air Force Good Conduct Medal.  .

On 17 June 2005, his records were corrected to reflect  award  of  the
National Defense Service Medal.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  DPPPR states the VSM is awarded to  all
service members of the Armed Forces who between 4  July  1965  and  28
March 1973, served in the  following  areas  of  Southeast  Asia:   In
Vietnam and the contiguous waters and airspace, in Thailand, Laos,  or
Cambodia or the airspace there  over  or  in  the  direct  support  or
military operations in Vietnam.

According to DPPPR, they were unable to verify any assignment  in  the
applicant’s military record due to him being in  a  civilian  employee
status during  his  tour  to  Vietnam.   This  renders  the  applicant
ineligible to receive VSM for military service since  he  operated  in
the capacity of a civilian during the time of his tour to Vietnam, not
as a military member.

The AFPC/DPPPR evaluation, with attachment, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
29 July 2005 for review and comment within 30 days.  As of this  date,
no response has been received by this office.

_________________________________________________________________

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.  After a thorough review  of  the
available evidence and the applicant’s complete submission, the  Board
is not persuaded that he is entitled  to  the  award  of  the  Vietnam
Service Medal.  In addition, the Board notes the applicant served in a
civilian capacity during his time in Vietnam, not as a military member
and is, therefore, not entitled to the VSM.  The Board agrees with the
opinions and recommendations  of  the  Air  Force  office  of  primary
responsibility  and  adopts  its  rationale  as  the  basis  for   our
conclusion that the applicant has not been the victim of an  error  or
injustice.  Therefore, in the absence of evidence to the contrary, the
Board finds 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 Docket  Number  BC-2005-
01539 in Executive Session on 15 September 2005, under the  provisions
of AFI 36-2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Mr. Gregory A. Parker, Member
                 Ms. Jan Mulligan, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 3 May 05, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPR, dated 21 Jul 05.
      Exhibit D. Letter, SAF/MRBR, dated 29 Jul 05.



      THOMAS S. MARKIEWICZ
      Chair

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